Section 11: New trial

11. New trial (1) Where on the hearing of an appeal under this Act it appears to the Court of Civil Appeal that a new trial ought to be granted, the Court of Civil Appeal may, if it thinks fit, order that the judgment or order appealed from be set aside, and that a new trial be had. (2) A new trial shall not be granted on the ground of improper admission or rejection of evidence unless in the opinion of the Court of Civil Appeal some substantial wrong or miscarriage of justice has been thereby occasioned, and if it appears to the Court of Civil Appeal that such wrong or miscarriage of justice affects part only of the matters in controversy, or some or one only of the parties, the Court of Civil Appeal 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. C51 – 3 [Issue 1] Court of Civil Appeal Act (3) A new trial may be ordered on any question without interfering with the finding or decision upon any other question.