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Money Claims up to $10,000.00

You should be aware that the law imposes severe limitations on the costs you can recover from a debtor if you sue successfully for a debt of $10,000.00 or less. These claims are dealt with in the Local Court’s Small Claims Division. The costs are limited to the costs recoverable on default judgment which may be only a few hundred dollars.

Money Claims more than $10,000.00 up to $60,000.00

Claims up to a value of $60,000.00 are dealt with in the Local Court. The law limits the costs you can recover from a debtor if you sue successfully for a debt of more than $10,000 and up to $20,000.00 to 25% of the amount awarded by the court. Reasonable disbursements may be added to this amount, but not counsel’s fees.

Money Claims more than $60,000.00 to $750,000.00 or more

Money Claims from $60,001.00 to $750,000.00 are dealt with in the District Court, and claims for an amount in excess of $750,000.00 are dealt with in the Supreme Court. Proceedings in both courts are subject to case management procedures.

Duties in all Courts

The overriding purpose of the law with respect to civil proceedings is to facilitate the just, quick and cheap resolution of the real issues in the proceedings. A party to civil proceedings is under a duty to assist the court to further the overriding purpose, to participate in the processes of the court to this effect, and to comply with directions and orders of the court. A solicitor or barrister must not, by his or her conduct, cause his or her client to be put in breach of this duty. The court may take into account any failure to comply with the duties imposed on litigants and their lawyers in exercising it’s discretion with respect to costs.

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