HYNDMAN-JONES CJ

The words "a manifest miscarriage of justice" in s. 545 are very wide. In the matter of the rejection of evidence they are supplemented by the Evidence Ordinance s. 167.

van Someren as amicus curiae referred to the case of Lim Khay Chuan v. Lim Choon Gek [1882] 1 Kyshe 534 a case decided under s. 335 of the Civil Procedure Code 1878 on which s. 541 of the Civil Procedure Code 1907 is based.

The Court (HYNDMAN JONES CJ, THORNTON & FISHER JJ) held that the application for a new trial should have been made to the trial judge, and upon Counsel for the defendant undertaking not to object that such an application was out of time under s. 541 the appeal was dismissed.