Return of security for costs deposit
61A Return of security for costs deposit
In this rule —
concluded, in relation to an appeal, means decided, dismissed or discontinued;
former security for costs provision means —
rule 51(5) or 53(6) of these rules as in force before the day on which the District Court Amendment Rules 2010 rules 9 and 10 came into operation; or
the repealed District Court Rules 1996 Order 8 rule 6 or 10; or
the repealed District Court (Appeal) Rules 1977 rule 7 or 11;
security for costs deposit means an amount paid by a party to the Court as security for the costs of an appeal.
This rule applies to a security for costs deposit paid under —
an order of the Court; or
a former security for costs provision.
The Court must return the security for costs deposit to the party who paid the deposit if —
the appeal to which the deposit relates —
has not concluded, but no action has been taken on the appeal for 12 months; or
has concluded, and within 12 months after the day on which the appeal concluded the Court made no order, and the parties did not file a written agreement, as to the disposal of the deposit (whether under these rules, the repealed District Court Rules 1996 or the repealed District Court (Appeal) Rules 1977);
and
no claim has been made on the deposit.
[Rule 61A inserted: SL 2020/18 r. 4.]
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