Small Claims Tribunals Act 1984 · 2020 Revised Edition · Part 2 · Establishment and Jurisdiction of Tribunals
10. Transfer of counterclaim from tribunal to court
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Where any counterclaim or any set‑off and counterclaim in proceedings before a tribunal is a monetary claim which is not within the jurisdiction of the tribunal, any party in those proceedings may apply to an appropriate court, within such time as may be prescribed by the rules of that court, for an order that the whole proceedings, or the proceedings on the counterclaim or set‑off and counterclaim, be transferred to that court.
On any such application, the court may order —
that the whole proceedings be transferred to that court;
that the whole proceedings be heard before a tribunal; or
that the proceedings on the counterclaim or set‑off and counterclaim be transferred to that court and that the claim by the claimant and the defence thereto other than the set‑off (if any) be heard before a tribunal.
Where an order is made under subsection (2)(c) and judgment on the claim is given for the claimant, execution or enforcement thereon must, unless the court at any time otherwise orders, be stayed until the proceedings transferred to that court have been concluded.
claimant
“claimant” means a person who lodges a claim with a tribunal and includes any person who becomes a party to the proceedings on any claim in the capacity of a claimant;
Where no application is made under subsection (1) or where on such an application it is ordered that the whole proceedings be heard before a tribunal, the tribunal has jurisdiction to hear the proceedings despite any other provisions of this Act.
tribunal
“tribunal” means a Small Claims Tribunal constituted under section 4 of the State Courts Act 1970;