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MAGISTRATES COURT (CIVIL DIVISION) ACT 1992 - SECT 12 Court may award costs where action or matter struck out for want of jurisdiction

MAGISTRATES COURT (CIVIL DIVISION) ACT 1992 - SECT 12

Court may award costs where action or matter struck out for want of jurisdiction

(1)  If an action or matter is commenced over which the Court does not have jurisdiction, the Court must, unless a consent is filed under section 11 , order it to be struck out and has power to make an order as to costs.
(2)  Before making an order under subsection (1) , the Court must advise the parties to the action or matter that they may make application under section 30 to have the action or matter transferred to the Supreme Court.
(3)  The Court must not make an order under subsection (1) before the expiration of 28 days from the day on which it advises the parties of their right to make an application under section 30 .