Commonwealth Numbered Regulations

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1988 No. 331 SUPREME COURT RULES (AMENDMENT) - RULE 3

3. Rule 7A of Order 65 of the Principal Rules is repealed and the following
rule substituted:

"7A. (1) Where by or under these Rules or any order of the Court or a Judge
the plaintiff in a suit to which this subrule applies is entitled to the costs
of the suit and recovers by default, judgment or otherwise an amount
(exclusive of costs) which is equal to or less than an amount specified in
Column 1 of the table below, the plaintiff shall be entitled only to the costs
and disbursements specified in Column 2 of the table below in respect of that
amount. Column 1 Column 2 $25,000 ........... The costs and disbursements, at
the appropriate scale,
which the plaintiff would have been entitled to recover if
the suit had been instituted in the Magistrates Court. $50,000 ...........
Two-thirds of the charges and disbursements provided for in
the Fourth Schedule or the amount specified in Order 4,
subrule 6 (4), whichever is applicable.

"(2) Subrule (1) applies to-

   (a)  a suit instituted on or after 3 January 1989 which the Magistrates
        Court would have had jurisdiction and power to hear and determine; and

   (b)  a suit instituted on or after 3 January 1989 which the Magistrates
        Court would, but for the amount claimed, have had jurisdiction and
        power to hear and determine; and to no other suits or matters.

"(3) The costs and disbursements to which a plaintiff is entitled pursuant to
subrule (1) shall be reduced by an amount equal to the additional costs
properly incurred by the defendant by reason of the suit having been
instituted in the Supreme Court instead of the Magistrates Court, but the
plaintiff shall not be required to pay to the defendant any amount by which
the additional costs exceed the costs payable to the plaintiff.

"(4) Notwithstanding the provisions of subrule (1) and subject to rule 1 of
this Order, the Court or Judge may in any suit order that the costs and
disbursements to which the plaintiff is entitled shall be those applicable to
a greater or lesser amount specified in Column 1 of the table to subrule (1),
the charges provided for in subrule (1) of rule 7 or such proportion of those
charges as is deemed fit." 


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