Crown Proceedings Act 1988 (NSW)

Crown Proceedings Act 1988 No 70

An Act relating to civil proceedings by and against the Crown; to repeal the Claims against the Government and Crown Suits Act 1912; and for other purposes.

1 Name of Act This Act may be cited as the Crown Proceedings Act 1988.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions In this Act: civil proceedings includes civil proceedings at law or in equity, and also includes proceedings by way of preliminary discovery, cross-claim, counterclaim, cross-action, set-off, third-party claim and interpleader. Crown means the Crown in right of New South Wales, and includes: (a) the Government of New South Wales, and (b) a Minister of the Crown in right of New South Wales, and (c) a statutory corporation, or other body, representing the Crown in right of New South Wales. judgment includes every species of relief which a court can grant, whether interlocutory or final, and whether by way of order that anything be done or not done or otherwise, and also includes a declaration.

4 Crown may sue The Crown may bring civil proceedings under the title "State of New South Wales" against any person in any competent court.

5 Crown may be sued (1) Any person, having or deeming himself, herself or itself to have any just claim or demand whatever against the Crown (not being a claim or demand against a statutory corporation representing the Crown) may bring civil proceedings against the Crown under the title "State of New South Wales" in any competent court. (2) Civil proceedings against the Crown shall be commenced in the same way, and the proceedings and rights of the parties in the case shall as nearly as possible be the same, and judgment and costs shall follow or may be awarded on either side, and shall bear interest, as in an ordinary case between subject and subject.