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11 September 2020

A costly mistake

New South Wales


Litigation - Striking out defence - Costs

We need to file an application to strike out a defence in the Local Court. The claim is for $36,500. What costs are recoverable from the other side with respect to the application?


Thank you for the question.

An application to strike out the pleading may be made under r 14.28 of the Uniform Civil Procedure Rules 2005. Note r 42.20(2) in relation to the costs of striking out a defence.

An order for costs should be sought in the application. See paragraph 37 of Local Court Practice Note Civ 1 for guidance on the sums awarded in the Local Court. Note, however, that the court may make any order it sees fit, including an order for costs on an indemnity basis. See part 42 of the Uniform Civil Procedure Rules 2005 in relation to costs generally.