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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 42.34
Costs order not to be made in proceedings in Supreme Court unless Court satisfied proceedings in appropriate court
42.34 Costs order not to be made in proceedings in Supreme Court unless Court
satisfied proceedings in appropriate court
(1) This rule applies if-- (a) in
proceedings in the Supreme Court, other than defamation proceedings, a
plaintiff has obtained a judgment against the defendant or, if more than one
defendant, against all the defendants, in an amount of less than $500,000, and
(b) the plaintiff would, apart from this rule, be entitled to an order for
costs against the defendant or defendants.
(2) If the proceedings could have
been commenced in the District Court, an order for costs must not be made
unless the Supreme Court is satisfied that the commencement and continuation
of the proceedings in the Supreme Court was warranted.
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