463
In forceCounterclaim—abandonment of excess in Magistrates Court
Chapter 2Civil proceedings generally
Part 2.6Pleadings
Division 2.6.7Counterclaims
463 Counterclaim—abandonment of excess in Magistrates Court
(1)
This rule applies to a defendant in a proceeding in the Magistrates Court if the defendant has a cause of action against a plaintiff for an amount that is more than the maximum amount for which the court has jurisdiction (the maximum amount).
(2)
The defendant may make a counterclaim in relation to the cause of action if the defendant abandons the amount over the maximum amount in the counterclaim.
(3)
In the counterclaim proceeding—
(a)
the defendant may not recover an amount that is more than the maximum amount; and
(b)
final judgment in the proceeding operates in full discharge of all claims in relation to the cause of action.
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