New South Wales Consolidated Acts

DISTRICT COURT ACT 1973 - SECT 76

76 Amount recoverable

(1) Where in an action commenced before the commencement of section 3 (k) of the District Court (Amendment) Act 1975 a verdict (whether of the Judge or a jury) is found for, or the total amount which would have been recoverable if there had been no contributory negligence by the successful party is found at--

(a) an amount in excess of $10,000 but not in excess of $15,000, the Court shall record the amount of the verdict or total amount, as the case may be, and the successful party shall be entitled to recover--

(i) the full amount of the verdict, or

(ii) the total amount reduced in accordance with Part 3 of the Law Reform (Miscellaneous Provisions) Act 1965 ,

as the case may be, or

(b) an amount in excess of $15,000, the Court shall record the amount of the verdict or total amount, as the case may be, and the successful party shall be entitled to recover--

(i) the amount of $15,000, or

(ii) the amount of $15,000 reduced in accordance with Part 3 of the Law Reform (Miscellaneous Provisions) Act 1965 ,

as the case may be.

(2) Where in an action commenced after the commencement of section 3 (k) of the District Court (Amendment) Act 1975 a verdict (whether of the Judge or a jury) is found for, or the total amount which would have been recoverable if there had been no contributory negligence by the successful party is found at, an amount in excess of the amount for which the action was authorised by this Act to be brought, the Court shall record the amount of the verdict or total amount, as the case may be, and the successful party shall be entitled to recover--

(a) the maximum amount for which the action was authorised by this Act to be brought, or

(b) that amount reduced in accordance with Part 3 of the Law Reform (Miscellaneous Provisions) Act 1965 ,

as the case may be.