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COUNTY COURT ACT 1958 - SECT 55 Court may award costs where action or matter is struck out for want of jurisdiction

COUNTY COURT ACT 1958 - SECT 55

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

Whenever an action or matter is commenced over which the court has no jurisdiction, the judge or associate judge, as the case requires, shall, unless the parties consent to the court having jurisdiction, order it to be struck out, and shall have power to award costs in the same manner, to the same extent, and recoverable in the same manner as if the court had jurisdiction there and the plaintiff had not appeared or had appeared and failed to prove his demand or complaint.

Pt 3 (Heading and s. 56) amended by Nos 6951 s. 5, 7705 s. 9(m), 9007 s. 2(c), 10117 s. 5(b), repealed by No. 19/1989 s. 9.

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Pt 4 (Heading and ss 57–64) amended by Nos 8263 s. 4(2), 16/1986 s. 11(5)(a)–(f), 85/1987 s. 3(c), 19/1989 s. 10(a)–(f), repealed by No. 43/1991 s. 37(d).

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Pt 5 (

Heading) amended by Nos 7705 s. 9(n), 19/1989 s. 11(a).

Part V—Trial of civil proceedings

No. 6117 s. 65.

S. 65 amended by No. 19/1989 s. 11(b).