Date:

08/19/2002

Supreme Court Rules (Amendment No 364) 2002
under the
Supreme Court Act 1970
The Supreme Court Rule Committee made the following rules of court under the
Supreme Court Act 1970 on 19 August 2002.

Steven Jupp
Secretary of the Rule Committee

Explanatory note
Part 52A rule 42 (1) of the Supreme Court Rules 1970 provides that a trustee or
mortgagee who is a party to proceedings in the Supreme Court in the capacity of trustee
or mortgagee is entitled to pay the costs of the proceedings out of the fund held by the
trustee or out of the mortgaged property, unless the Court orders otherwise.
Part 52A rule 42 (2) provides that the Court may only order otherwise where the trustee
or mortgagee has acted unreasonably or (in the case of a trustee) has acted for the
trustee’s own benefit rather than for the benefit of the fund.
The object of these Rules is to amend the Supreme Court Rules 1970 so as to enable a
Registrar of the Court to exercise the power of the Court to make an order as to costs
under Part 52A rule 42. A Registrar will only be able to exercise the power in
proceedings that are in the Possession List (which comprises certain proceedings on a
claim for possession of land).

1 Name of rules
These rules are the Supreme Court Rules (Amendment No 364) 2002.
2 Amendment of Supreme Court Rules 1970
The Supreme Court Rules 1970 are amended as set out in
Schedule 1.
Schedule 1 Amendment
(Rule 2)
Schedule E
Insert in numerical order in Part 1 of Schedule E in the matter relating to
Part 52A:
Rule 42 Costs against trustee or Restricted to proceedings
Mortgagee in the Possession List