AustLII Tasmanian Consolidated Acts

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SUPREME COURT CIVIL PROCEDURE ACT 1932 - SECT 47

Powers of Full Court on hearing of appeals

(1)  Subject to the provisions of this Act, a Full Court, on the hearing of every appeal, shall have and may exercise all the jurisdiction, powers, and duties of the Court, whether as to amendment or otherwise, and shall have power to draw inferences of fact not inconsistent with the findings of the jury, if any, and to affirm, reverse, or vary, as to all or some or any one of the parties, any judgment, order, or determination appealed from, and to give any judgment or make any order or determination which ought to have been given or made, and to grant a new trial in any cause or matter in which there has been a trial (whether with or without a jury), and to make such further or other order as the case may require.
(2)  On the hearing of every appeal from a judgment given, or an order or other determination made, by a judge sitting without a jury, a Full Court shall have full power to review the judgment, order, or determination appealed from on questions of fact as well as law.
(3)  On the hearing of any appeal a Full Court, if it is satisfied that no injustice will thereby be done, may allow any party to raise any point of law which was not raised at the trial, and may determine the appeal on any such point.
(4)  Notwithstanding anything contained in subsection (1) , on the hearing of any appeal in any case in which a verdict has been found by a jury, a Full Court, if it is satisfied –
(a) that it has before it all the facts, and that no further material evidence could be produced at another trial; and
(b) that the verdict was one which a jury, viewing the whole of the evidence reasonably, could not properly find –
shall enter judgment for the party for whom the verdict should have been given at the trial, and for that purpose may exercise any of its powers under section 39 (5) (a) , but if any damages have to be assessed any party interested in the assessment of the damages may require the same to be assessed by a jury.



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