848
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Grounds for granting or refusing new trial. H.K. Code, s. 68 (7).
O. 39, r. 6.
O. 39, r. 8.
Power to order new trial on any one question.
O. 39, r. 7.
Power to order nonsuit, etc.
H.K. Code, s. 65 (5).
Order for new trial, etc.
(3) The notice shall not of itself operate as a stay of proceedings; but any money in court in the cause or matter shall be retained to abide the result of the motion or the further order of the Full Court.
(4) After the expiration of such fourteen days an application for such new trial shall not be admitted, except by special leave of the Full Court on such terms as may seem just.
598.—(1) A new trial may be granted on the ground of the discovery of new matter or evidence which was not within the knowledge of the applicant, or could not have been adduced by him, at the trial.
(2) A new trial shall not be granted on the ground of misdirection or of the improper admission or rejection of evidence, or because the verdict of the jury was not taken upon a question which the court at the trial was not asked to leave to them, unless in the opinion of the Full Court some substantial wrong or miscarriage has been thereby occasioned in the trial; and if it appears to the Full Court that such wrong or miscarriage affects part only of the matter in controversy, or some or one only of the parties, the Full Court may give final judgment as to part thereof, or as to some or one only of the parties, and direct a new trial as to the other part only or as to the other party or parties.
(3) A new trial shall not be granted by reason of the ruling of the court that the stamp upon any document is sufficient or that the document does not require a stamp.
599. A new trial may be ordered on any question, whatever may be the grounds for the new trial, without interfering with the finding or decision on any other question.
600. On any motion for a new trial the Full Court shall have power to order a nonsuit or verdict to be entered, although no leave has been reserved at the trial.
601. In every order for a new trial or to enter a nonsuit or verdict, the grounds on which the order has been made shall be shortly stated therein.
848
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Grounds for granting or refusing new trial. H.K. Code, s. 68 (7).
0. 39, r. 6.
0. 39, r. 8.
Power to
order new trial on
any one
question.
0. 39, r. 7.
Power to order non- suit, etc.
II.K. Code, s. 65 (5).
Order for
new trial, etc.
(3) The notice shall not of itself operate as a stay of pro- ceedings; but any money in court in the cause or matter shall be retained to abide the result of the motion or the further order of the Full Court.
(4) After the expiration of such fourteen days an applica- tion for such new trial shall not be admitted, except by special leave of the Full Court on such terms as may seem just.
598.—(1) A new trial may be granted on the ground of the discovery of new matter or evidence which was not within the knowledge of the applicant, or could not have been adduced by him, at the trial.
(2) A new trial shall not be granted on the ground of mis- direction or of the improper admission or rejection of evidence, or because the verdict of the jury was not taken upon a question which the court at the trial was not asked to leave to them, unless in the opinion of the Full Court some substantial wrong or miscarriage has been thereby occasioned in the trial; and if it appears to the Full Court that such wrong or miscarriage affects part only of the matter in controversy, or some or one only of the parties, the Full Court may give final judgment as to part thereof, or as to some or one only of the parties, and direct a new trial as to the other part only or as to the other party or parties.
(3) A new trial shall not be granted by reason of the ruling of the court that the stamp upon any document is sufficient or that the document does not require a stamp.
599. A new trial may be ordered on any question, whatever may be the grounds for the new trial, without interfering with the finding or decision on any other question.
600. On any motion for a new trial the Full Court shall have power to order a nonsuit or verdict to be entered, although no leave has been reserved at the trial.
601. In every order for a new trial or to enter a nonsuit or verdict, the grounds on which the order has been made shall be shortly stated therein..
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