New South Wales Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 14.13

Pleading not to claim an amount for unliquidated damages

14.13 Pleading not to claim an amount for unliquidated damages

(cf SCR Part 15, rule 12A; LCR Part 5, rule 1)

(1) A pleading must not claim an amount for unliquidated damages.
(2) Despite subrule (1), a pleading in proceedings in the Local Court may claim an amount for unliquidated damages if--
(a) the claim is for the recovery of--
(i) the cost of repair to a motor vehicle, or
(ii) the value, less any salvage value, of a motor vehicle, or
(iii) the towing of a motor vehicle, or
(iv) the cost of hiring a replacement car,
where the repair, loss, towing or cost of hiring is a consequence of damage alleged to have been sustained as a result of the negligence of the defendant or the defendant's servant or agent, or
(b) the claim is for the recovery of--
(i) the cost of repair to property other than a motor vehicle, or
(ii) the value, less any salvage value, of property other than a motor vehicle,
where the repair or loss is a consequence of damage alleged to have been sustained as a result of the negligence of the defendant or the defendant's servant or agent in driving, riding or controlling a motor vehicle.
(3) In subrule (2), a reference to a
"motor vehicle" is a reference to a motor vehicle within the meaning of the Motor Accidents Compensation Act 1999 , and includes a reference to a trailer within the meaning of that Act.



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