Magistrates Court (Civil Division) Rules 1998
118Claim for property repair or loss
Start here
Get a plain-English read of 118
Turn the raw legal text into a practical explanation grounded in Magistrates Court (Civil Division) Rules 1998.
118 Claim for property repair or loss
(1) A claimant may only enter judgment for a claim for the cost of repairs to property or for the loss of property referred to in rule 117 if the claimant provides proof to a registrar that a copy of any evidentiary material on which the claimant intended to rely at trial was served –
(a) on the person served with the claim; and
(b) at the same time the claim was served.
(2) The claimant is to serve at least one of the following documents with the claim:
(a) a repair or loss account;
(b) a quotation, invoice or receipt for the repair or replacement of the loss.
(3) A claim for the cost of repairs to property or for the loss of property may include a liquidated sum in respect of –
(a) towing and storage fees incurred in respect of the repairs to that property; and
(b) the reasonable cost of renting alternative property while the property was under repair; and
(c) any other incidental expenses.