UNIFORM CIVIL PROCEDURE RULES 1999 - REG 516 Hearing and deciding claim
UNIFORM CIVIL PROCEDURE RULES 1999 - REG 516
Hearing and deciding claim516 Hearing and deciding claim
(1) The court must hear and decide a relevant claim in accordance with the applied procedures, unless the court considers deciding the claim under the applied procedures would be an abuse of process.
(2) In deciding a minor claim, the court—(a) must make the orders it considers fair and equitable to the parties to the proceeding; but(b) may, if the court considers it appropriate, dismiss the claim.Note—The Magistrates Courts Act 1921 , section 45A provides that if the parties agree in writing, no appeal lies from a judgment in a proceeding dealt with under the simplified procedures.
(3) Nothing in this division prevents the court—(a) attempting to settle a relevant claim; or(b) continuing to hear and decide a relevant claim that can not be settled by mediation or otherwise; or(c) making orders to give effect to an agreement reached by mediation or otherwise.
(4) In this rule—
"applied procedures" , for a relevant claim, means the simplified procedures applying to the claim under rule 514 .
"relevant claim" means a minor claim, or another claim to which all or part of the simplified procedures apply.