Courts of Petty Sessions (Civil Claims) Amendment Act 1979 (NSW)

C O U R T S OF P E T T Y SESSIONS (CIVIL CLAIMS)

A M E N D M E N T A C T , 1979 , N o . 75

A N N O V I C E S I M O O C T A V O

ELIZABETHE II REGINE

Act N o . 7 5 , 1 9 7 9 .

An Act to amend the Courts of Petty Sessions (Civil Claims) Act,
1970, to confer on courts of petty sessions jurisdiction in

actions for the detention of goods. [Assented to, 11th May,

1979.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1. This Act may be cited as the "Courts of Petty Sessions (Civil

Claims) Amendment Act, 1 9 7 9 " .

2 .       ( 1 ) This section and section 1 shall commence on the date

of assent to this Act.

( 2 ) Except as provided in subsection ( 1 ) , this Act shall

commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3 .      The Courts of Petty Sessions (Civil Claims) Act, 1 9 7 0 , is

amended in the manner set forth in Schedule 1.

SCHEDULE 1.

A M E N D M E N T S TO THE COURTS OF P E T T Y SESSIONS ( C I V I L

C L A I M S ) A C T , 1 9 7 0 .

( 1 ) (a ) Section 1 2 ( 1 ) —

Omit the subsection, insert instead :—

( 1 ) Subject to this Part, a court shall have juris­

diction to hear and determine actions for—

(a) the recovery of any debt, demand or damage, whether liquidated or unliquidated; or

SCHEDULE 1—continued.

A M E N D M E N T S TO THE COURTS OF P E T T Y SESSIONS (CIVIL

C L A I M S ) A C T , 1970—continued.

(b) the detention of goods,

in which the amount claimed is not more than $2,000, whether on a balance of account or after an admitted set-off or otherwise.

(b) Section 12 (6) —

After section 12 ( 5 ) , insert :—

(6) For the purposes of this section, the amount claimed in an action for the detention of goods is the amount claimed for the value of the goods together with the amount (if any) claimed for damages for the detention of the goods.

(2) Section 19 (1) ( d ) —

Omit the paragraph, insert instead : —

(d)	actions for the detention of goods, where any such action is for the detention of goods comprised in a hire-purchase agreement, by the owner of those
goods, or any person acting on his behalf; or

(3) Section 22 ( 2 ) —

At the end of section 22, insert :—

(2) The summons filed for commencing an action for

the detention of goods shall be an ordinary summons.

SCHEDULE 1—continued.

A M E N D M E N T S TO THE COURTS OF P E T T Y SESSIONS ( C I V I L

C L A I M S ) A C T , 1970—cont inued.

(4) Section 28A—

After section 28, insert :—

28A. ( 1 ) The judgment in an action for the detention of

goods, if for the plaintiff, shall be for an amount

comprising—

(a) the value of the goods, as determined by the

court; and

(b) damages (if any) awarded for the detention of the goods.

(2 ) The court may, if it thinks fit, when giving judgment for the plaintiff in an action for the detention of goods, direct that, if the goods are delivered to and accepted by the judgment creditor on or before a day specified in the judgment, the judgment debt shall be deemed to be satisfied to- the extent of the amount specified in the judgment as the value of the goods.