TASIn ForceRegulation
Magistrates Court (Civil Division) Rules 1998
143Cost penalty for excessive claim
Start here
Get a plain-English read of 143
Turn the raw legal text into a practical explanation grounded in Magistrates Court (Civil Division) Rules 1998.
### 143 Cost penalty for excessive claim
> > (1) This rule applies to an action in which a party obtains a final judgment, other than by consent, for an amount that is less than 50% of the amount claimed by the party at the operative date.
>
> > (2) Unless at the time of judgment the Court orders otherwise, the costs to which a party referred to in [subrule (1)](#GS143@Gs1@EN) is entitled are to be calculated in accordance with the following formula:
> >
> > [](/image/magistr1.gif)
> >
> > where –
> >
> > > ***C*** is the costs to which the party is entitled;
> >
> > > ***P*** is the costs of the party, as agreed or assessed;
> >
> > > ***J*** is the sum of money awarded by the judgment, exclusive of costs and interest;
> >
> > > ***A*** is the amount claimed at the operative date.
>
> > (3) The amount claimed may be amended by order of the Court or a registrar at a conciliation conference.
>
> > (4) An amendment to an amount claimed is effective from the date of the order.
>
> > (5) If this rule and [rule 142](#GS142@EN) apply to the same action, neither rule has effect.