New South Wales Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 16.9

Judgment for costs alone after other claims satisfied

16.9 Judgment for costs alone after other claims satisfied

(cf SCR Part 17, rule 10(1); DCR Part 31, rule 13; LCR Part 26, rule 4)

(1) If a plaintiff is entitled to have judgment given under this Part against a defendant in default for any relief and for costs, but it appears by affidavit that, by reason of the defendant having satisfied the plaintiff's claims, it is unnecessary for the plaintiff to continue the proceedings against the defendant, judgment for the plaintiff may be given under this Part against that defendant for costs alone.
(2) Whatever the plaintiff's claims for relief against a defendant in default, if--
(a) the defendant satisfies the plaintiff's claims or complies with the plaintiff's demands, or
(b) it otherwise becomes unnecessary for the plaintiff to continue the proceedings against the defendant,
the court may, on application by the plaintiff, give judgment against the defendant for costs.



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