...said: 475 I think that this Court ought to exercise the power conferred by Order LVIII., r. 4, namely, "to give any judgment and make any order which ought...further or other order as the case may require." The order confers power to do this, although the appeal may be from part of the judgment only, and although...

...LVIIL, rule 4, is the same as our rule 507, which gives the Court power to draw inference of fact and to give any judgment and make any order which ought...such further or other order as the case may require: and such powers may be exercised by the Court notwithstanding that the notice of appeal may be, that...

...High Court ;" and it goes on, " The Court of Appeal shall have power to draw inferences of fact and to give any judgment and make any order which ought...such further or other order as the case may require." This rule gives the Court of Appeal a much larger power than a divisional court had under rule 10,...

...powers and duties as to amendment and otherwise of the court of first instance ;" and again, that " the Court of Appeal shall have power to give any judgment...ought to have been made, and to make such further order as the case may require." Therefore it is plain that we can order the record of the trial to...

...question. By Order LVIII., r. 4, "... The Court of Appeal shall have power to draw inferences of fact and to give any judgment and make any order which ought...such further or other order as the case may require. . . ." Sir Ernest Pollock, KC, and Herbert Smith, for the appellants. CM Pitman, for the respondent...

...1905, which proTides that : — The Court of Appeal shall have power to draw inferences of fact, and to give any judgment and make any order which ought to have been made, and to mate such further or other order as the case may require. It wae et one time doubted whether this rule,...

...the powers granted to the Appeal Court in England under Order 58, Rule 4, which include a power to make any order which ought to have been made, and to make such further or other orders as the case may require, it has in the case of Badman v. Pinto (1) held (2) that a non-suit...

...(Royal Bank of Scotland v Binnell [1996] BPIR 352). The court has power to draw inferences of fact, to give any judgment and make any order which ought to have been made and to make any further order which the case may require. These powers may be exercised notwithstanding that the...

...(Royal Bank of Scotland v Binnell [1996] BPIR 352). The court has power to draw inferences of fact, to give any judgment and make any order which ought to have been made and to make any further order which the case may require. These powers may be exercised notwithstanding that the...

...date of the decision from which the appeal is brought. Upon appeals from a judgment after trial or 25 hearing of any cause or matter upon the merits, such...make any order which ought to have been made, and to 30 make such further or other order as the case may require. The powers aforesaid may be exercised...