New South Wales Consolidated Acts

CIVIL PROCEDURE ACT 2005 - SECT 23

23 Effect of abandoning excess claim

(cf Act No 9 1973, section 50; Act No 11 1970, section 14)

(1) If, in any proceedings on a claim, the cause of action giving rise to the claim is for more than the court's jurisdictional limit--

(a) the person may abandon the excess by a statement to that effect in the originating process, and

(b) in that event, the person's claim is taken to be reduced by the amount of the excess.

(2) If a person's claim is successful in respect of a cause of action--

(a) the amount recoverable by the person (exclusive of costs and interest) is not to exceed the court's jurisdictional limit, and

(b) the judgment in the proceedings is in full discharge of all of the person's demands in respect of that cause of action, and

(c) entry of the judgment in the records of the court is to be made accordingly.

(3) This section is subject to section 51 of the District Court Act 1973 and section 31 of the Local Court Act 2007 .

Note : Under those sections, claims in the District Court or the Local Court for amounts in excess of the court's jurisdictional limit can, in some cases, be dealt with by consent of parties.