Appeal - New trial - Discretion of trial judge to order new trial - Appeal from trial judge's discretion - Verdict of jury against the weight of evidence - New trial ordered without jury - County Court Act 1958 (No. 6230), s67, s73(3).

Appeal - New trial - Jury's assessment of damages - Inadequacy - Discretion of Full Court to order a new trial - Limited to damages - Imposing conditions - Apportionment - Wrongs Act 1958 (No. 6420), s26.

Appeal - New trial - Discovery of fresh evidence - Fresh evidence tending to prove fraud or subordination of witness - Evidence that testimony at trial of witness for plaintiff was perjury - Relevance of complicity in fraud of party successful at trial - Defendant and advisers reasonably diligent at trial - Evidence apparently credible - Likelihood that jury would have been influenced to return opposite result - Appeal allowed.