Singapore legislation

Clause 24

of Subordinate Courts Bill

Clause 24

Transfer of counterclaim from District Court to High Court

(1)

Where, in an action founded on contract or tort in a District Court, any counterclaim or set-off and counterclaim of any defendant involves a matter beyond the jurisdiction of the court, any party to the action may apply to the High Court, within such time as may be prescribed by the Rules of the Supreme Court, for an order that the whole proceedings, or the proceedings on the counterclaim or set-off and counterclaim, be transferred to the High Court.

(2)

On any such application the High Court may, as it thinks fit, order either —

(a)

that the whole proceedings be transferred to the High Court;

(b)

that the whole proceedings be tried in a District Court; or

(c)

that the proceedings on the counterclaim or set-off and counterclaim be transferred to 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 a District Court:Provided that, where an order is made under paragraph (c) of this subsection, and judgment on the claim is given for the plaintiff, execution thereon shall, unless the High Court at any time otherwise orders, be stayed until the proceedings transferred to the High Court have been concluded.

(3)

Where no application is made under subsection (1) of this section or where on such an application it is ordered that the whole proceedings be tried in the District Court, the District Court shall have jurisdiction to try the proceedings, notwithstanding any other provisions of this Act.

Clause 24 — Subordinate Courts Bill | laws.sg