13Costs of actions brought in Supreme Court which might have been brought in an inferior court

13 Costs of actions brought in Supreme Court which might have been brought in an inferior court

(1)  *[Section 13 Subsection (1) amended by No. 34 of 1957, s. 2 ][Section 13 Subsection (1) amended by No. 36 of 1965, s. 2 ][Section 13 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 13 Subsection (1) amended by No. 39 of 1984, s. 4 ][Section 13 Subsection (1) substituted by No. 40 of 1986, s. 3 ]*Where an action which, having regard to the sum recovered, could have been properly instituted in some inferior court of civil jurisdiction is instituted in the Supreme Court, the Court, a judge thereof, or a judge, officer, referee, or registrar to whom subsection (2) (b) or (c) refers, may, notwithstanding that the sum recovered does not exceed the jurisdictional limit of the inferior court, make an order allowing the plaintiff the costs of the action.

(2)  *[Section 13 Subsection (2) substituted by No. 40 of 1986, s. 3 ]*In any action to which subsection (1) applies –

(a) the Supreme Court or a judge thereof;

(b) (in the case of an interlocutory judgment or of a reference to a referee) the judge, judge of the inferior court of civil jurisdiction, officer of the court, or referee by or before whom the amount recovered in the action was ascertained or determined; or

(c) (in the case of a final judgment by default) the registrar at the registry in which the judgment is signed or entered –

may allow the costs or any part of the costs of the action on any Supreme Court scale of costs, or any scale of costs in any inferior court of civil jurisdiction, as it or he, as the case may be, thinks fit.

(2A)  *[Section 13 Subsection (2A) inserted by No. 40 of 1986, s. 3 ]*In considering whether to make an order under subsection (1) , the Supreme Court, a judge, or any other person referred to in subsection (2) shall take into account all the circumstances of the case, including (without in any way limiting the generality of this subsection) –

(a) the sum sought to be recovered;

(b) the sum recovered; and

(c) where applicable, any counter-claim, set off, or contributory negligence.