New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 6.17

6.17 Payment towards liquidated claim stays proceedings on claim

(cf SCR Part 7, rule 4; DCR Part 14, rule 2; LCR Part 12, rule 2)

(1) This rule applies to proceedings in which the plaintiff makes a liquidated claim, but makes no claim of any other kind.

(2) The defendant in any such proceedings may, within the time limited for appearance, pay to the plaintiff the sum of--

(a) the amount claimed (other than costs), including any interest claimed, and

(b) an amount for costs equal to the amount fixed in relation to such a claim by the regulations under the Legal Profession Uniform Law Application Act 2014 , and

(c) if the amount so fixed does not include the fee paid on filing the originating process, an amount equal to that fee.

(3) Having made such a payment, the defendant may file a notice of payment.

(4) The filing of a notice of payment operates as a permanent stay of the proceedings unless the court orders otherwise.

(5) A statement of claim commencing proceedings to which this rule applies must bear a note to the effect of this rule and must specify the amounts for costs referred to in subrule (2)(b) and (c).