MOTOR VEHICLES (THIRD PARTY INSURANCE) ACT 1942 - SECT 14E Joint hearing of certain proceedings

MOTOR VEHICLES (THIRD PARTY INSURANCE) ACT 1942 - SECT 14E

14E Joint hearing of certain proceedings

(1) Where 2 or more proceedings have been commenced against the Government Insurance Office by persons who would, but for section 14, be parties to the same proceedings or could, but for section 14, be joined as parties to the same proceedings, a court before which those proceedings or any of those proceedings have been commenced shall, on the application of the Government Insurance Office, order that those proceedings be heard at the same time.

(2) Where proceedings referred to in subsection (1) have been commenced in different courts, the court to which an application under that subsection is made shall, when making an order under subsection (1), order that the proceedings not commenced in that court be transferred to it.

(3) Where, in relation to proceedings which have been transferred from the District Court of New South Wales to the Supreme Court of New South Wales in accordance with an order under subsection (2):

(a) an order for costs is made against the plaintiff, the plaintiff shall pay those costs assessed as if those proceedings had been conducted in the District Court, or

(b) an order for costs is made against the Government Insurance Office, the Government Insurance Office shall pay those costs assessed:

(i) in accordance with the rules of the Supreme Court, or

(ii) as if those proceedings had been conducted in the District Court,

whichever assessment is the higher.

(4) Notwithstanding subsections (1) and (2), a court, in relation to an application under subsection (1), may refuse to make an order referred to in those subsections, or may make any other order, if the court is of the opinion that, in the interests of justice, it is desirable to do so.