District Court Act 1973 District Court Rule (Security for Costs) 1999 (1999-174) [GG No 32 of 12.3.1999, p 1876] (NSW)

1999 No 174

New South Wales

under the

District Court Act 1973

The District Court Rule Committee made the following rule of court under the District Court Act 1973 on 18 February 1999.

J G Cowen
Secretary to the Committee

The object of this Rule is to replace Part 40, rule l (2) (e) of the District Court Rules 1973 with a provision that is consistent with Part 53, rule 2 (1) (e) of the Supreme Court Rules 1970.

At present, Part 40, rule 1 (2) (e) enables the Court to order a plaintiff to give security for costs if it appears to the Court that there is reason to believe that the plaintiff is unlikely to succeed in the proceedings and will be unable to pay the costs of the defendant if ordered to do so. The new provision will enable the Court to require security for costs if the Court has reason to believe that a plaintiff (being a body corporate) will be unable to pay the costs of the defendant if ordered to do so.

Published in Gazette No 32 of 12 March 1999, page 1876 Page 1

Clause 1 District Court Rule (Security for Costs) 1999

This Rule is the District Court Rule (Security for Costs) 1999.

2 Commencement

This Rule commences on 12 March 1999.

The District Court Rules 1973 are amended as set out in

Schedule l .

4 Notes

The explanatory note does not form part of this Rule.

Schedule 1 Amendment

(Clause 3)

Part 40, rule 1

Omit Part 40, rule l (2) (e). Insert instead:

(e) that there is reason to believe that a plaintiff being a body corporate will be unable to pay the costs of the defendant if ordered to do so,