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Abandonment of part of claim to give District Court jurisdiction

State Courts Act 1970

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Wrong or mistyped textWrong structure or numberingWrong title or detailsDuplicated content

Proposed text

—(1) Where —(a)the amount claimed in an action exceeds the District Court limit, or any remedy or relief sought in an action is in respect of a subject matter the value of which exceeds the District Court limit; and(b)a District Court would have jurisdiction under section 19(2) to hear and try the action if the amount or value (as the case may be) did not exceed the District Court limit,the plaintiff may abandon the excess amount or that remedy or relief, as the case may be, and thereupon a District Court has jurisdiction under section 19(2) to hear and try the action, except that the plaintiff cannot in that action —(c)recover an amount exceeding the District Court limit; and(d)obtain any remedy or relief in respect of the subject matter the value of which exceeds the District Court limit.(2) Where a District Court has jurisdiction to hear and try an action by virtue of this section, the judgment of the court in the action is a full discharge of all demands in respect of the cause of action.

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