TASIn ForceAct
Justices Act 1959
132Where plaintiff does not recover damages beyond amount tendered, judgment to be for defendant
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### 132 Where plaintiff does not recover damages beyond amount tendered, judgment to be for defendant
> If at the trial of an action subject to this Part, the court or jury find that the plaintiff is not entitled to damages beyond the amount, if any, tendered or paid into court –
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> > > (a) judgment shall be given for the defendant;
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> > > (b) the plaintiff shall not be at liberty to elect to be non-suited; and
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> > > (c) so much of the amount, if any, paid into court as is sufficient to pay the defendant's costs, shall be paid out of court to the defendant, and the residue, if any, to the plaintiff.