Costs of proceeding in wrong court
697 Costs of proceeding in wrong court
Subrule (2) applies if the relief obtained by a plaintiff in a proceeding in the Supreme Court or District Court is a judgment that, when the proceeding began, could have been given in a Magistrates Court.
The costs the plaintiff may recover must be assessed as if the proceeding had been started in the Magistrates Court, unless the court orders otherwise.
Subrule (4) applies if the only relief obtained by a plaintiff in a proceeding in the Supreme Court is relief that, when the proceeding began, could have been given by the District Court, but not a Magistrates Court.
The costs the plaintiff may recover must be assessed as if the proceeding had been started in the District Court, unless the court orders otherwise.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.