APPEAL AND NEW TRIAL - Full Court previously ordered that particular claims be remitted for trial - request for clarification of the power exercised to order new trial - request declined.
APPEAL AND NEW TRIAL - application for orders that retrial be conducted on the papers and on the basis of the evidence adduced at the original trial - whether Full Court should circumscribe the scope and manner of conduct of the retrial, other than by confining the issues to be addressed - application refused.
COSTS - costs of the appeal - (By majority) - Appellant had substantial success on the appeal - no special or exceptional circumstance which would make an order for costs in favour of appellant inappropriate.
↧