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StatuteDistrict Court Act 2016

Section 80 — District Court Act 2016: Abandonment of part of claim to give court jurisdiction

Text of the provision Official document

80 Abandonment of part of claim to give court jurisdiction (1) This section applies to a proceeding that, apart from this section, the court would not have jurisdiction to hear and determine because the amount of the claim or the value of the property or relief claimed or in issue exceeds the monetary limit of the court’s jurisdiction. (2) If the claimant abandons the excess,— (a) the court has jurisdiction to hear and determine the proceeding; and (b) the claimant cannot recover an amount exceeding the monetary limit of jurisdiction plus costs. (3) The judgment of the court in the proceeding operates as a full discharge of the cause of action. Compare: 1947 No 16 s 36

Official source: legislation.govt.nz

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