55
In forceOriginating claim—abandonment of excess in Magistrates Court
Chapter 2Civil proceedings generally
Part 2.2Starting civil proceedings
Division 2.2.2Originating claims
55 Originating claim—abandonment of excess in Magistrates Court
(1)
This rule applies if a person has a cause of action against another person for more than $250 000.
(2)
The person may start a proceeding for the cause of action in the Magistrates Court if the person—
(a)
abandons the excess and limits the claim to $250 000; and
(b)
states in the claim that the excess is abandoned.
(3)
Judgment in a proceeding under this rule—
(a)
is in full discharge of all demands in relation to the cause of action; and
(b)
must record the abandonment.
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