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Court Procedures Rules
55Originating claim—abandonment of excess in
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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.
Originating applications Division 2.2.3
Rule 60