(1) In every suit in the Supreme Court, unless the Court or the Judge otherwise orders, the trial shall be by the Court without a jury.
(2) The Supreme Court or the Judge may, if it appears just,, order specially that any action or any issue of fact in any suit shall be tried before the Court with a jury.
(3) The Supreme Court shall exercise the same jurisdiction as the Supreme Court of New South Wales sitting in Banco has, at the commencement of this Act, to set aside a verdict or finding f a jury, to enter j udgment notwithstanding any such verdict or finding and to order a new trial after a trial with a jury.