Uniform Civil Procedure Rules (Amendment No 36) 2010 (NSW)
2010 No 528
New South Wales
Uniform Civil Procedure Rules
(Amendment No 36) 2010
under the
Civil Procedure Act 2005
The Uniform Rules Committee has made the following rules of court under the Civil
Procedure Act 2005.
Steven Jupp
Secretary of the Rules Committee
Explanatory note
The object of these Rules is to amend the Uniform Civil Procedure Rules 2005 to provide
that:
| (a) | if, in proceedings in the Supreme Court, a judgment against a defendant in an amount of less than $500,000 is made, an order for costs may, but will not ordinarily, be made unless the Court is satisfied it was appropriate for the proceedings to be conducted in that Court rather than the District Court, and |
| (b) | if, in proceedings in the District Court, a judgment against a defendant in an amount of less than $40,000 is made, an order for costs may, but will not ordinarily, be made unless the Court is satisfied it was appropriate for the proceedings to be conducted in that Court rather than the Local Court. |
| Published LW 10 September 2010 | Page 1 |
| 2010 No 528 | |
| Rule 1 | Uniform Civil Procedure Rules (Amendment No 36) 2010 |
Uniform Civil Procedure Rules (Amendment No 36) 2010
under the
Civil Procedure Act 2005
1 Name of Rules
These Rules are the Uniform Civil Procedure Rules (Amendment No 36)
2010.
2 Commencement
These Rules commence on the day on which they are published on the
NSW legislation website.
2010 No 528
Uniform Civil Procedure Rules (Amendment No 36) 2010
| Amendment of Uniform Civil Procedure Rules 2005 | Schedule 1 |
| Schedule 1 | Amendment of Uniform Civil Procedure Rules 2005 |
Rules 42.34 and 42.35
Insert after rule 42.33:
| 42.34 | Costs order not to be made in proceedings in Supreme Court unless Court satisfied proceedings in appropriate court | |
|
(a)
in proceedings in the Supreme Court, other than defamation proceedings, a plaintiff has obtained a judgment against the defendant or, if more than one defendant, against all the defendants, in an amount of less than $500,000, and
(b)
the plaintiff would, apart from this rule, be entitled to an order for costs against the defendant or defendants.
(2)
An order for costs may be made, but will not ordinarily be made, unless the Supreme Court is satisfied the commencement and continuation of the proceedings in the Supreme Court, rather than the District Court, was warranted.
| 42.35 | Costs order not to be made in proceedings in District Court unless Court satisfied proceedings in appropriate court | |
|
(a)
in proceedings in the District Court, a plaintiff has obtained a judgment against the defendant or, if more than one defendant, against all the defendants, in an amount of less than $40,000, and
(b)
the plaintiff would, apart from this rule, be entitled to an order for costs against the defendant or defendants.
(2) An order for costs may be made, but will not ordinarily be made, unless the District Court is satisfied the commencement and continuation of the proceedings in the District Court, rather than the Local Court, was warranted.
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