Local Courts Act Amendment Act 1921 (WA)

1921.] Local Courts. [No. 21.

LOCAL COURTS.

12. GEO. V., No. XXI.

No. 21 of 1921.

AN ACT to amend the Local Courts Act, 1904.

[Assented to 6th December, 1921.]

BE it enacted by the King's Most Excellent Majesty, byCouncil and Legislative Assembly of Western Australia, inand with the advice and consent of the Legislative

this present Parliament assembled, and by the authority of

the same, as follows:-

1. This Act may be cited as the Local Courts Act Amend- Short title.

ment Act, 1921.

2. Section twenty-nine of the Local Courts Act, 1904 trod:Ant a

(hereinafter called the principal Act) is hereby amended by

the addition of a proviso, as follows:—

Provided that on the hearing of an application under this Act or the Debtors Act, 1871, by a judgment creditor for the committal of a judgment debtor, the judgment creditor shall be entitled to be represented by any clerk or servant in the employ or subject to the control or direction of the judgment creditor or his solicitor.

The following sections are hereby inserted in the principal Act, between sections forty-seven and forty-eight	sections between
Insertion of new
Seetions47 and 99.
thereof, that is to say:

3.

Summary Relief.

47A. (1.) When the claim in any action is -for a debt Imecanvtgoth rasierenliag-

or liquidated demand in money only, and the defendant ,droitiriVaLd

has given notice of defence, the plaintiff may, on affidavit, demand in money.

made by himself or by any other person who can swear positively to the facts, verifying the cause of action and the amount claimed and stating that in the deponent's belief there is no defence to the action, apply to the magistrate for judgment for the amount claimed and

No. 21.] Local Courts. [1921.

costs, and the magistrate may thereupon, unless the de- fendant by affidavit or otherwise shall satisfy him that be has a good defence to the action on the merits or ought for any reason to be allowed to defend, give judgment for the plaintiff accordingly.

(2.)

The application for judgment hereunder shall ba made by interlocutory summons returnable in the cham- bers of the magistrate. Such summons may be accord-

Third Schedule. ing to the form in the third schedule to this Act and shall be served on the defendant, with a copy of the verifying affidavit and any exhibits referred to therein, not less than two clear days before the day on which it is re- turnable.

If it appears that the defence set up by the defend- ant applies to a part only of the plaintiff's claim or that any part of the claim is admitted, the plaintiff shall have judgment forthwith for such part of the claim as the defence does not apply to or as is admitted, subject to such terms (if any) as the magistrate may see fit to im- pose, and the defendant may be allowed to defend as to the residue of the plaintiff's claim.

(3.)

(4.)

If it appears to the magistrate that any defend- ant has a good defence to or ought to be allowed to de- fend the action, and that any other defendant has not such defence and ought not to be allowed to defend, the former may be allowed to defend, and judgment may be given for the plaintiff against the latter, and lie may issue execution thereon without prejudice to his right to proceed with his action against the former.

A defendant may be allowed to defend uncondi-

tionally or subject to such terms as the magistrate may

see fit to impose.

(5.)

There shall be no appeal against an order giving

unconditional leave to defend or on the part of the plain-

tiff against any order giving leave to defend on terms.

(6.)

(7.) The magistrate may, with the consent of all parties, dispose of the action finally and without appeal in a summary manner.

478. (1.) Where the claim in any action is for an un- liquidated demand or damages or other relief, and the defendant has given notice of his intention to defend same, the plaintiff may, by summons returnable to the

1921. Local Courts. [No. 21.

chamber of the magistrates, apply for an order that the defendant furnish the particulars of his grounds for de- fence within the time named in such order.

Should the defendant, without reasonable cause, neglect to supply particulars of his grounds of defence, he shall be liable to pay -the plaintiff's costs of the pro- ceedings in any event.

(2.)

The defendant may at any time before judgment

amend his grounds of defence upon such terms as to costs

or otherwise as the magistrate may order.

(3.)

4. The following schedule (to stand as the third sche- Addition of third schedule to Act.

chile) is hereby added to the principal Act, that is to say:—

THIRD SCHEDULE.

Interlocutory Summons for Judgment.

In the Local Court at

Between J. D., Plaintiff,

and

R. M., Defendant.

Let the Defendant attend the Magistrate in Chambers at the Local

Court at on day, the day of 192...,

at the hour of o'clock in the noon, on the hearing of an application on the part of the plaintiff for judgment in this action for the amount claimed with costs.

Dated the day of , 192

[Seal of the Court.]

Clerk of the Court.

Note.—The affidavit of the plaintiff [or of H.S.], a copy whereof [to- gether with copies (or a copy) of the exhibit(s) referred to therein] is served on you herewith, will be used on the hearing of this application.

This summons was taken out by the plaintiff [or by X.Y., the plaintiff's

solicitor.]

To Mr. R.M.,

the Defendant.

5. (1.) All copies of the principal Act hereafter printed I,Cr,Liyeisiv asle ' tb ,ei,Lde.

by the Government Printer shall be printed under the super- vision of the Clerk of the Parliaments, as amended by the Local Courts Act Amendment Act, 1909, the Local Courts Act Amendment Act, 1911, and this Act, and all necessary references to the amending Acts shall be made in the margin.

(2.) The short title in any reprint shall be alter?d to the Local Courts Act, 1904-1921, by which title the principal Act and the said amendments may be cited.