District Court (Frustrated Contracts) Amendment Act 1978 (NSW)

DISTRICT COURT (FRUSTRATED CONTRACTS)

AMENDMENT ACT, 1978, No. 107

ANNO VICESIMO SEPTfMO

ELIZABETHE II REGINE

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Act No. 107, 1978.

An Act to amend the District Court Act, 1973, to confer jurisdiction on the District Court of New South Wales with respect to certain matters arising under the Frustrated Contracts Act, 1978. [Assented to, 20th December, 1978.1

59941E-41

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 "District Court (Frustrated

Contracts) Amendment Act, 1978".

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 the day appointed and notified under section 2 (2) of the Frustrated Contracts Act, 1978.

3 . The District Court Act, 1973, is amended—

(a)	by omitting from the matter relating to Subdivision 2 of Division 8 of Part III in section 3 the words "and equity" and by inserting instead the words ", equity and other";
(b)	by omitting from the heading to Subdivision 2 of
Division 8 of Part III the words "and equity" and by

inserting instead the words ", equity and other";

(c) by inserting after section 134 the following section :—

134A. The Court shall have the same jurisdiction as the Supreme Court, and may exercise all the powers and authority of the Supreme Court, in proceedings under Division 4 of Part III of the Frustrated Contracts Act, 1978, where the claim does not exceed $20,000 in amount or value, as determined by the Court.

(d) by inserting after section 135 (2) the following subsection :—

(3) Proceedings in the Court under Division 4 of Part III of the Frustrated Contracts Act, 1978, shall be commenced—

(a)	where the defendant is resident or carries on business at a place in New South Wales—at the nearest proclaimed place to that place; or
(b)	where paragraph (a) does not apply—at Sydney.