Supreme Court Act 1970 Supreme Court Rules (Amendment No 276) 1993 (1993-362) [GG No 86 of 6.8.1993] (NSW)

1993—No. 362

SUPREME COURT RULES (AMENDMENT No. 276) 1993—

RULE

NEW SOUTH WALES

[Published in Gazette No. 86 of 6 August 1993]

1. These rules are made by the Rule Committee on 3 August 1993.

2. The Supreme Court Rules 1970 are amended as follows:

(a)

Part 52 rule 24 (2) “unless, it appearing to the Court that he had sufficient reason for commencing or continuing proceedings in the Court, the Court makes an order for payment”.

(b) Part 52 rule 24
After subrule (2) insert:

(2A) Without limiting the generality of subrule (2), it shall be taken to be a sufficient reason if the plaintiff had reasonable grounds at the relevant time for expecting that he would recover an amount in excess of the amount prescribed by that subrule.

(c) Part 52 rule 24 (3) (e) Omit the paragraph and insert instead:

(e) in respect of proceedings commenced after 30 June 1993, where he recovers a sum more than $75,000 but not more than $150,000, be only a half of the whole amount.

(d) Part 52 rule 24 (4) Omit the rule and insert instead:

(4) In a case to which subrule (3) applies, if it appears to the Court that the plaintiff had sufficient reason for commencing or continuing proceedings in the Court, the Court may order that the amount of costs payable to the plaintiff be some greater part or the whole of the amount which would be payable to him apart from that subrule.

1993—No. 362

(e) Part 52 rule 24

After subrule (4) insert:

(4A) Without limiting the generality of subrule (4), it shall be taken to be a sufficient reason if the plaintiff had reasonable grounds at the relevant time for expecting that he would recover an amount in excess of the amount prescribed by that subrule.

3. The amendments contained in paragraphs 2 (a), (b), (d) and (e) shall

not apply to proceedings commenced before 1 July 1993.

EXPLANATORY NOTE

(This note does not form part of the rules).

1. The objects of the amendments contained in paragraphs 2 (a), 2 (b), 2 (d) and

2 (e) are to:

(a) allow the Court to remove or reduce the costs sanctions which apply

against a plaintiff in proceedings in which not more than the prescribed

amount is recovered where it appears to the Court that the plaintiff had

sufficient reason for commencing or continuing proceedings in the Court; and
(b)	make it clear that it shall be taken to be sufficient reason if the plaintiff had reasonable grounds at the relevant time for expecting that he would recover

an amount in excess of the prescribed amount.

2. The object of the amendment contained in paragraph 2 (c) is to remove the

costs sanctions in respect of proceedings commenced after 30 June 1993 where a

plaintiff recovers a sum more than $150,000 but not more than $175,000.

M. A. BLAY,
Secretary of the Rule Committee.