Western Australian Consolidated Acts

DISTRICT COURT OF WESTERN AUSTRALIA ACT 1969 - SECT 59

59 .         Splitting demands, abandonment of excess

        (1)         A plaintiff shall not divide a cause of action for the purpose of bringing 2 or more actions in the Court.

        (2)         A plaintiff who has a cause of action for more than the amount for which a writ of summons may be issued under this Act, may abandon the excess by stating the amount abandoned in the writ.

        (3)         Where the plaintiff so abandons the excess he may, on proving his case, recover to an amount not exceeding the limit specified by this Act and the judgment of the Court in the action shall be in full discharge of all demands in respect of the cause of action and entry of that judgment shall be made accordingly.