Local Courts (Civil Claims) Act 1970 Rule amending Local Courts (Civil Claims) Rules 1988 (1994-59) [GG No 37 of 18.2.1994] (NSW)

1994—No. 59

LOCAL COURTS (CIVIL CLAIMS) ACT 1970—RULE

NEW SOUTH WALES

[Published in Gazette No. 37 of 18 February 1994]

1. This rule is made by the Rule Committee on 7 February 1994, and

has effect on and from 18 February 1994.

2. The Local Courts (Civil Claims) Rules 1988 are amended as

follows:

(a)	Part24 rule 5 (5) Omit the subrule.
(b)	Part24 rule 6 (3),(4) After Part 24 rule 6 (2) insert the following subrules:

(3) Subject to subrule (4), service of a subpoena for production which requires production on a specified date, being a date not later than 21 days before the hearing of the action in which the subpoena is issued, may be effected by sending a copy of the subpoena by pre-paid post addressed to the person named at that person’s usual or last known residence or place of business.

(4) Service pursuant to subrule (3) shall not be effective unless
and until the subpoena is actually received by the person named.

(c)

Part30rule3 (2) instead “executing or attempting to execute”.

(d) Part31 rule 10(4) After Part 31 rule 10 (3) insert the following subrule:

(4) A judgment creditor is not entitled to recover against a judgment debtor any costs of issue and service of an examination summons except to the extent that such costs are included in an amount recoverable for attending to examine, or examining, the judgment debtor.

1994—No. 59

(e) Part 31 rule 12

(i) After subrule (4A) insert the following subrule:

(4B) If a party discontinues an action in a court’s Small Claims Division, the court may award costs against the party to another party.

(ii) In subrule (5) omit “or (4)”, insert instead “ , (4) or (4B)”.

EXPLANATORY NOTE

The purpose of the amendments is:

(a) and (b) to provide for ‘service by post of subpoenas for production;

(c)	to enable aSheriff’s Officer to give ajudgment debtor noticeofawritof execution when attempting to execute the writ instead of, as at present, only when actually making a levy;
(d)	toclarifytheprovision,putindoubtbyaDeterminationofthe Legal Fees and Costs Board, that the only costs recoverable in respect of an examination summons are the costs of attending and examining the debtor;
(e)	toprovidethatcostsondiscontinuanceberecoverableintheSmall Claims Division.

E. J. O’GRADY,

Secretary to the Rule Committee.