As reflected in 17.2.1 and 17.3.1 of the Circulars to Practitioners - Civil Jurisdiction (CP), registrars have to date been dealing with all applications for leave to compromise where the damages sum proposed to be awarded is $100,000 or less. The Court has resolved to increase that sum to $250,000.

Pursuant to Rule 8(1)(e) of the District Court Rules 2005, the Chief Judge directs that applications for leave to compromise an action pursuant to Order 70 rule 10(2) of the Rules of the Supreme Court 1971:

1. must be dealt with by a judge if the damages sum proposed to be awarded is over $250,000; and
2. may otherwise be dealt with by a registrar.

The Consolidated Practice Directions & Circulars to Practitioners Civil Jurisdiction are shortly to be republished, and CP 17 will be amended at that time. Until then, reflecting the direction of the Chief Judge above, CP 17.2.1 and CP 17.3.1 are to be read as referring to proposed damages amounts of $250,000 (rather than $100,000).

Dated 18 April 2023

Her Honour Judge Julie Wager
Chief Judge of the District Court

Dr Brenda McGivern
Principal Registrar of the District Court