Singapore legislation

Section 54E

of State Courts Act 1970

Section 54E

Transfer of counterclaim from State Courts to General Division of High Court

Amended by5/201440/20195/201440/201940/20195/2014

(1)

Where, in any civil proceedings pending in a State Court, any counterclaim or set-off and counterclaim of any defendant involves a matter beyond the District Court limit, any party to the proceedings may apply to the General Division of the High Court, within such time as may be prescribed by Rules of Court, for an order that the whole proceedings, or the proceedings on the counterclaim or set-off and counterclaim, be transferred to the General Division of the High Court.

Amended by5/201440/2019

(2)

On any application under subsection (1) or on its own motion, the General Division of the High Court may, as it thinks fit, and on such terms as it sees fit, order —

(a)

that the whole proceedings be transferred to the General Division of the High Court;

(b)

that the whole proceedings be tried in the State Courts; or

(c)

that the proceedings on the counterclaim or set-off and counterclaim be transferred to the General Division of the High Court and that the proceedings on the plaintiff’s claim and the defence thereto other than the set‑off (if any) be tried in the State Courts.

Amended by5/201440/2019

(3)

Where an order is made under subsection (2)(c), and judgment on the claim is given for the plaintiff, execution thereon, unless the General Division of the High Court at any time otherwise orders, is to be stayed until the proceedings transferred to the General Division of the High Court have been concluded.

Amended by40/2019

(4)

Where no application is made under subsection (1) or where it is ordered that the whole proceedings be tried in the State Courts, the State Court has jurisdiction to try the proceedings, despite any other provision of this Act.

Amended by5/2014
Section 54E — State Courts Act 1970 | laws.sg