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MAGISTRATES' COURT GENERAL CIVIL PROCEDURE RULES 2020 - REG 21.10

Registrar may make order or refer to Court

    (1)     If an application has been made under Rule 21.08 and the registrar is satisfied that an order should be made, the registrar must make such an order and must fix the amount of costs as is appropriate in the circumstances in accordance with Appendix A.

    (2)     If an application has been made under Rule 21.08 and the registrar is not satisfied that an order should be made, the registrar may, or if the defendant so requests must, refer the matter to the Court for decision.

    (3)     If the registrar refers an application to the Court, the Court may—

        (a)     make the order sought in the application;

        (b)     direct that a further affidavit or affidavits be filed;

        (c)     give directions as to the application;

        (d)     refuse to make the order sought in the application;

        (e)     make any other order it considers appropriate.

    (4)     If the Court, under paragraph (3)(b), directs a further affidavit or affidavits to be filed, upon the filing of the affidavit or affidavits, the registrar may make an order.

    (5)     The registrar must notify the defendant of any order made by the registrar or (if the application has been referred to the Court) any decision or order of the Court.



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