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CROWN PROCEEDINGS ACT 1980 - SECT 9 Procedure

CROWN PROCEEDINGS ACT 1980 - SECT 9

Procedure

9 Procedure

(1) A proceeding by or against the Crown—
(a) shall be instituted in the court that would have jurisdiction if the proceeding were between subject and subject;
(b) shall be instituted and proceeded with in accordance with the procedure of the court specifically applicable thereto or, if there is no such procedure, as nearly as possible in accordance with the procedure applicable to a proceeding between subject and subject.
(2) In a proceeding by or against the Crown—
(a) the rights of parties including rights of appeal shall as nearly as possible be the same; and
(b) judgment may be given and costs awarded;
as in a proceeding between subject and subject.
(3) To remove any doubt, it is declared that this section does not require the Crown to comply with a provision (other than a procedural provision) of an Act or law that does not otherwise bind the Crown.