30-second brief
The essential point
Draft: an editor has not checked this summary yet. Every statement below still shows the official record it came from.
This archived Civil Procedure Act states that civil disputes should be resolved justly, expeditiously, proportionately and affordably. It applies to the High Court and, subject to the Magistrates’ Courts Act, subordinate courts.
Evidence: sections 1 and 1A(1); retained PDF physical p. 8
Why it matters
Where no specific contrary provision applied, section 3 preserved special jurisdiction, powers and procedures created by another law.
Evidence: section 3; retained PDF physical p. 10
Open the key points and evidence
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The Act’s stated objective was just, expeditious, proportionate and affordable resolution of the civil disputes it governed.
sections 1 and 1A(1); retained PDF physical p. 8 -
It applied to High Court proceedings and, subject to the Magistrates’ Courts Act, subordinate-court proceedings.
sections 1 and 1A(1); retained PDF physical p. 8 -
Where no specific contrary provision applied, section 3 preserved special jurisdiction, powers and procedures provided by other laws.
section 3; retained PDF physical p. 10 -
Section 7 barred retrial where the matter was directly and substantially at issue, between the same parties or successors litigating under the same title, and finally decided by a competent court.
section 7 opening rule; retained PDF physical p. 11 -
An appellate court could decide finally, remand, frame issues, take additional evidence or order a new trial, subject to prescribed limits.
section 78(1); retained PDF physical p. 36
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