Australian Capital Territory Numbered Regulations

SUPREME COURT AMENDMENT RULES 2004 (NO 1) (NO 7 OF 2004) - REG 30

substitute

7A     Costs and determined fees if amount recovered less than Magistrates Court limit

    (1)     This rule applies to a suit that the Magistrates Court—

        (a)     would have had jurisdiction and power to hear and decide; or

        (b)     would, apart from the amount claimed, have had jurisdiction and power to hear and decide.

    (2)     If the plaintiff is entitled to the costs of the suit, and recovers an amount (excluding costs) of not more than $40 000, the plaintiff is entitled only to—

        (a)     the costs, at the appropriate scale, that the plaintiff would have been entitled to recover if the suit had been begun in the Magistrates Court; and

        (b)     the amount of any Magistrates Court determined fee that the plaintiff would have been entitled to recover if the suit had been begun in the Magistrates Court.

    (3)     The costs (including the amount of any Magistrates Court determined fee) that the plaintiff is entitled to must be reduced by the additional costs (including the determined fee difference) properly incurred by the defendant because the suit was begun in the Supreme Court instead of the Magistrates Court, but the plaintiff is not required to pay the defendant any amount that the additional costs (including the determined fee difference) exceed the costs payable to the plaintiff.

    (4)     This rule does not apply in relation to disbursements (other than for any determined fee).

    (5)     The court may order that the plaintiff is entitled to a different amount for the costs (including the amount of any Magistrates Court determined fee).

    (6)     This rule as in effect before the day this rule commences continues to apply in relation to a suit that is heard and decided before that day.

    (7)     In this rule:

"determined fee difference" means the amount of the Supreme Court determined fee less the amount of the Magistrates Court determined fee.

"Magistrates Court determined fee" means the relevant determined fee under the Magistrates Court Act 1930 , part 13A (Court and tribunal fees).

"Supreme Court determined fee" means the relevant fee or charge determined under the Supreme Court Act 1933 , section 37 (Fees and charges—determination).