State Courts Act 1970 · 2020 Revised Edition · Part 4 · Jurisdiction
39. Costs of certain actions commenced in General Division of High Court which could have been commenced in a State Court
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Where an action is commenced in the General Division of the High Court which could have been commenced in a State Court, then, subject to subsections (3) and (4), the claimant —
action
“action” means a civil proceeding commenced by summons or in any other manner prescribed by Rules of Court;
if he or she recovers a sum not exceeding the District Court limit, is not entitled to any more costs of the action than those to which he or she would have been entitled if the action had been brought in a District Court; and
if he or she recovers a sum not exceeding the Magistrate’s Court limit, is not entitled to any more costs of the action than those to which he or she would have been entitled if the action had been brought in a Magistrate’s Court.
For the purposes of subsection (1)(a) and (b), a claimant is treated as recovering the full amount recoverable in respect of his or her claim without regard to any deduction made in respect of contributory negligence on his or her part or otherwise in respect of matters not falling to be taken into account in determining whether the action could have been commenced in a State Court.
Where a claimant is entitled to costs on the State Courts scale only, the Registrar of the Supreme Court has the same power of allowing any items of costs as a District Judge or Magistrate would have had if the action had been brought in a State Court.
registrar
“registrar” means the registrar of the State Courts and includes a deputy registrar;
In any action, the General Division of the High Court, if satisfied —
that there was sufficient reason for bringing the action in the General Division of the High Court; or
that the defendant or one of the defendants objected to the transfer of the action to a State Court,may make an order allowing the costs or any part of the costs thereof on the scale of the General Division of the High Court or on the State Courts scale as it may direct.
This section does not apply in the case of any proceedings by the Government.
This section does not affect any question as to costs if it appears to the General Division of the High Court that there was reasonable ground for supposing the amount recoverable in respect of the claimant’s claim to be in excess of the amount recoverable in an action commenced in a State Court.