Commercial Causes Act 1903 (NSW)

Act No. 19, 1903.

An Act to provide a more expeditious method
for the trial of commercial causes; and for

purposes consequent on or incidental to that

object. [5th December, 1903.]

E it enac ted by the K i n g ' s Most Exce l len t Majesty , by a n d

B wi th the advice and consent of the Legislat ive Council and

Legis la t ive Assembly of N e w South Wales in P a r l i a m e n t assembled,

and by t h e au tho r i t y of t he same, as fo l lows:—

Preliminary.

1.    This Ac t may be cited as the " Commercia l Causes Act , 1 9 0 3 . "

2.    I n th is Act , unless t he con tex t otherwise requi res ,—

" J u d g e " means a J u d g e of the Supreme Court .
" Prescr ibed " means prescribed by rules of court .

" P ro thono ta ry " means the P ro thono ta ry of t h e Supreme	Court .
" P u l e s of court " includes forms.

3. Commercial causes include causes ar i s ing out of the ordinary

t ransact ions of m e r c h a n t s and t r ade r s ; amongs t others those re la t ing

to t he const ruct ion of mercan t i l e documents , expor t or impor t of

merchandise , affreightment , insurance, b a n k i n g and mercan t i l e agency

and mercan t i l e usages.

List of causes to be kept by Prothonotary.

4.    A list of commercia l causes shall be kep t by the P ro thono ta ry .

Al l proceedings in the causes on such list shall be in accordance wi th

t h e provisions of this Act . N o

No cause shall he entered on such list except upon t h e order of a J u d g e as hereinaf ter provided.

When cause entered on list, Judge to give direction as to mode of

trial, & C.

5.    E i t he r par ty to a Supreme Cour t common- law act ion may, by

s u m m o n s in t he form prescribed, a t a n y t i m e after t he commencement of such action, call upon the o ther par ty to show cause before a J u d g e in chambers why such act ion should not be entered in the said list.
The J u d g e m a y order t he action to be so entered, and from such order the re shall be no appeal . Such J u d g e or any other J u d g e shall , by such or a subsequent order, give such directions as in his opinion are expedient for the speedy de terminat ion of the quest ions in t h e action really a t issue between the part ies .

6. To effect th is purpose t he J u d g e m a y in te r alia do any or all

of t he following t h i n g s —

(a) dispense wi th pleadings ;

(b)	dispense with the technical rules of evidence for proving any m a t t e r which is not bona fide in dispute , also wi th such rules as m i g h t cause expense and delay ar is ing from commissions to t ake evidence and otherwise. 1; and, w i thou t l imi t ing the general i ty of this power, dispense wi th t he proof of hand- wr i t ing , documents , the ident i ty of part ies or parcels , or of a u t h o r i t y ;
(c)	require particulars of the cause of action, of the grounds of defence, or of a n y other c i rcumstance connected wi th t he
cause to be served wi th in a specified t ime by ci ther p a r t y ;

(d) order m u t u a l discoveries and inspection ;

(e)	require either party to make admissions with respect to any quest ion of fact involved in t he cause ;
(f)	set t le the issues for t r i a l ;
(g)	order every cause to be tried wi thout a j u r y unless a j u r y shall
be demanded by e i ther p a r t y ;

(h) s tate a case on ma t t e r s of law for the Full Court .

7. The par t ies may , if t hey so desire, agree t ha t t he verdict of t h e ju ry or t he decision of the J u d g e in a commercial cause shall be final.

Supplemental.

8. The J u d g e s or any three of them, of whom the Chief Jus t i ce ,
or, in his absence from the State , t he senior puisne J u d g e , shall be one,

may m a k e rules of cour t for car ry ing this Act into effect, and in

par t icu la r for all or any of t he following m a t t e r s —

(a) for r egu la t ing the s i t t ings of the court to t ry commercia l

causes ;

(°)

(b) for r egu la t i ng t he pleading, pract ice , and procedure; in such causes and the costs of proceedings therein .

9. Subject to this Ac t and the rules made the reunder , all enact­

men t s and rules of cour t in force a t t he t ime of the c o m m e n c e m e n t	of
this Act re la t ing to act ions at law shall apply to commercial causes :

Provided tha t where any provisions in respect of the pract ice or procedure of the Sup reme Cour t are conta ined in any Act, rules of cour t may be made for modifying such provisions in respect to commercia l causes to any ex t en t t h a t may be deemed necessary.

10. N o t h i n g in this Act shall ex tend to or affect any act ion

pend ing a t the commencemen t of this Act , unless both par t ies to t he

act ion consent there to .