16B. Costs reduced or proceedings struck out by High Court

Where a party has commenced proceedings in the High Court and the

High Court —

is of the opinion that those proceedings should have been commenced in the Intermediate Courts; or

is satisfied that the party knew or ought to have known that the proceedings should, in the opinion of the High Court, have been commenced in the Intermediate Courts, the High Court shall have regard to those circumstances and it may in its discretion reduce the award of costs by an amount not exceeding 25 per cent or strike out the proceedings.