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Court Procedures Rules
418Pleadings—amount of unliquidated damages
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418 Pleadings—amount of unliquidated damages
(1) A pleading must not claim an amount for unliquidated damages.
(2) However, a pleading in a proceeding in the Magistrates Court may
claim an amount for unliquidated damages if—
(a) the claim is for the recovery of 1 or more of the following if it is
or they were a consequence of damage alleged to have happened
because of the defendant’s negligence:
(i) the cost of repairing a motor vehicle;
(ii) a motor vehicle’s value, less any salvage value;
(iii) the cost of towing a motor vehicle; or
Pleadings—general Division 2.6.3
Rule 419
(b) the claim is for the recovery of 1 or both of the following if it is
or they were a consequence of damage alleged to have happened
because of the defendant’s negligence in driving, riding or
controlling a motor vehicle:
(i) the cost of repairing property;
(ii) property’s value, less any salvage value.
property does not include a motor vehicle.