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Court Procedures Rules
5809Special case to Supreme Court—agreement about
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5809 Special case to Supreme Court—agreement about
damages and costs
(1) The parties to a special case may enter into a written agreement that,
on the Supreme Court’s decision in the affirmative or negative on the
questions raised by the special case, a stated amount must be paid by
a party to another party, either with or without costs of the proceeding.
(2) Judgment may be given for the stated amount with or without costs,
and the judgment may be enforced immediately unless otherwise
agreed or stayed on appeal.
stated amount means—
(a) an amount agreed by the parties; or
(b) an amount set by the Supreme Court; or
(c) an amount set in the way agreed by the parties or as the Supreme
Court orders.
Division 5.7.2 Questions referred—Court of Appeal