Victorian Current Acts

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COUNTY COURT ACT 1958 - SECT 83

Certain actions in Supreme Court to be stayed

S. 83(1) amended by Nos 9007 s. 2(d), 19/1989 s. 14(f)(i)–(iv).

    (1)     If any proceeding is instituted in the Supreme Court for any debt (other than on a bill of exchange or promissory note for $100 or upwards) for which a writ might have been issued in the County Court, the Supreme Court may before an appearance is entered by the defendant, if final judgment has not been signed by the plaintiff, order that upon payment by the defendant to the plaintiff within a time to be named in such order of the debt for which such proceeding is brought without costs all further proceedings shall be stayed.

S. 83(2) amended by Nos 19/1989 s. 14(g), 35/1996
s. 453(Sch. 1 item 15.13).

    (2)     Thereupon in case default is made in payment of such debt the plaintiff may at once sign final judgment for the said debt and for the costs hereinafter mentioned as if no such order had been made; and in that case the costs of and occasioned by the said application as well as the costs of the proceeding shall be assessed in the ordinary way, and the plaintiff may upon such judgment issue execution according to the course and practice of the court.

S. 84
inserted by No. 6951 s. 8, amended by No. 19/1989 s. 14(h).



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