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High Court Wellington
19 August; 23 September; 7 October 1966
Wilson J.
Court of Appeal Wellington
9 February 1967
North P. Turner J. McCarthy J.
19 August; 23 September; 7 October 1966
Wilson J.
Court of Appeal Wellington
9 February 1967
North P. Turner J. McCarthy J.
Practice — Trial by jury — Civil jurisdiction — Damages awarded wholly against defendant — Motion for new trial on grounds that verdict against the weight of evidence — Motion granted by Judge on evidence found by him which had escaped attention of counsel and witnesses — Whether such evidence sufficient grounds for granting a new trial.