43(1)At the trial of the action the judge shall proceed to determine all questions that arise therein, or that are necessary to be tried to dispose of the action completely and, subject to section 42, to adjust the rights and liabilities of the persons appearing before him or upon whom the notice of trial was served.

43(2)At the trial the judge shall take all accounts, make all inquiries, give all directions, and do all things necessary to try and otherwise finally dispose of the action and of all matters, questions and accounts arising in the action, and, subject to section 42, to adjust the rights and liabilities of and give all necessary relief to all parties to the action or who have been served with the notice of trial.