Power of Court as to new trials

(1) Subject to this section, on the hearing of an appeal in any civil cause or matter the Court shall, if it appears to the Court that a new trial should be held, have power to set aside the order appealed against and order that a new trial be held. (2) On the hearing of an appeal in any civil cause or matter, the following provisions shall apply, (a) a new trial shall not be ordered on the ground of misdirection, or of the improper admission or rejection of evidence unless in the opinion of the Court some substantial wrong or miscarriage of justice has been thereby occasioned; (b) a new trial may be ordered on any question without interfering with the finding or decision upon any other question; and if it appears to the Court that any such wrong or miscarriage as is mentioned in paragraph (a) affects part only of the matter in controversy, or one or some only of the parties, the Court may order a new trial as to that part only, or as to that party or those parties only, and give final judgment as to the remainder. (3) On the hearing of an appeal from an order made in any action tried with a jury, the following provisions shall apply, 19 (a) the Court may, if it thinks fit, make any such order as could be made in pursuance of an application for a new trial or to set aside a verdict, finding or judgment of the court below; (b) a new trial shall not be ordered because the verdict of the jury was not taken upon a question which the judge at the trial was not asked to leave to them unless in the opinion of the Court some substantial wrong or miscarriage has been thereby occasioned; (c) in any case where the Court has power to order a new trial on the ground that damages awarded by a jury are excessive or inadequate, the Court may, in lieu of ordering a new trial, (i) with the consent of all parties concerned, substitute for the sum awarded by the jury such sum as appears to the Court to be proper; (ii) with the consent of the party entitled to receive or liable to pay the damages, as the case may be, reduce or increase the sum awarded by the jury by such amount as appears to the Court to be proper in respect of any distinct head of damages erroneously included in or excluded from the sum so awarded, but except as aforesaid the Court shall not have power to reduce or increase damages awarded by a jury.