Sunday, December 8, 2013


Certification by defendant that counterclaim exceeds court's jurisdiction
    (1)     The defendant to a proceeding in the County Court or the Magistrates' Court may apply to the registrar of the County Court or the principal registrar of the Magistrates' Court (as the case requires) for an order that the proceeding be transferred to a higher court if the defendant certifies in accordance with the case transfer rules that a counterclaim involves a matter exceeding the jurisdiction of the court and that the plaintiff does not consent to the court having jurisdiction. 

    (2)     The registrar or principal registrar must grant an application under subsection (1) and make an appropriate order if satisfied that the requirements (if any) of the case transfer rules are met.

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