New South Wales Consolidated Acts New South Wales Consolidated Acts(cf Act No 48, 1930, s 9)
(1) The jurisdiction conferred on a court by this Part of this Act may be exercised by a judge of the court sitting either in court (including in the absence of the public), or in the case of the Local Court, by a Magistrate.
(2) Any application to the Supreme Court or the District Court under this Part of this Act may be made on motion or summons in accordance with the rules of court respectively applicable to motions or summonses in such courts.
(3) Any court hearing any application under this Part of this Act may order notice to be given to such persons as it thinks fit, or such court may, under such circumstances as it thinks fit, hear any application ex parte, or order substituted service of notice of the application on, or dispense with notice to, such persons affected by the application as it thinks fit.
(4) In dealing with an application under this Part of this Act the court may:(a) grant or adjourn the application upon such terms and conditions (if any) as the court thinks fit, or(b) refuse the application, or(c) at any stage of the hearing allow such amendments of the application or other process as it thinks fit.
(5)(a) Any court hearing any application under this Part of this Act may in its discretion direct that the application be heard in camera and shall so direct if so requested at any stage of the proceedings by all parties appearing. Such a direction shall not preclude a barrister or solicitor from being present at the proceedings for the purpose of reporting the case for the New South Wales State Reports or Weekly Notes.(b) No report of the proceedings heard in camera shall be published which discloses the names or identity of any of the parties to any application under this Part of this Act. Any publication in contravention of the foregoing provision shall be punishable as contempt of the Supreme Court.
(7) Any determination, decision, judgment, direction, order, or assessment made or given by any court in any matter arising under this Part of this Act shall be final and conclusive and without appeal, but the District Court and the Local Court shall be bound by and follow decisions of the Supreme Court or a judge thereof on the construction of this Act.
(8) The court may reconsider any matter which has been dealt with by it, or rescind, or vary any decision or order previously made by it.
(9) The costs of any party to an application under this Part of this Act to the court shall, unless the court otherwise orders, be borne by such party.
Where the court makes any order as to costs, the costs covered by such order shall be borne by the party by whom such costs are ordered to be paid.
Where the court makes any order allowing any costs to any party the court may if it thinks fit assess the amount thereof.
The provisions of this subsection shall have effect notwithstanding any law, or any covenant or agreement in the mortgage, to the contrary.