140Transfer of proceedings to higher court

#### 140 Transfer of proceedings to higher court 140 Transfer of proceedings to higher court (cf Act No 9 1973, section 145; Act No 11 1970, section 21B) > > (1) The Supreme Court may, of its own motion or on application by a party to proceedings before the District Court or the Local Court, order that the proceedings, including any cross-claim in the proceedings, be transferred to the Supreme Court. > > > (2) The District Court may, of its own motion or on application by a party to proceedings before the Local Court, order that the proceedings, including any cross-claim in the proceedings, be transferred to the District Court. > > > (3) Proceedings in the District Court on a claim for damages arising from personal injury or death are not to be transferred to the Supreme Court under this section unless the Supreme Court is satisfied— > > > > > (a) in the case of a motor accident claim or a workplace injury damages claim— > > > > > > > (i) that the amount to be awarded to the plaintiff, if successful, is likely to be more than $1,000,000, and > > > > > > > (ii) that the case involves complex legal issues or issues of general public importance, or > > > > > (b) in any other case— > > > > > > > (i) that the amount to be awarded to the plaintiff, if successful, is likely to exceed the jurisdictional limit of the District Court, or > > > > > > > (ii) that there is other sufficient reason for hearing the proceedings in the Supreme Court. > > > (4) Proceedings in the Local Court are not to be transferred to a higher court under this section unless the higher court is satisfied that there is sufficient reason for hearing the proceedings in the higher court. > > > (5) This section extends to proceedings that have been transferred to the District Court or the Local Court pursuant to a previous transfer order under this Division or under Division 2 or 3. > > **pt 2A, divs 1–6 (ss 18A–18O):** Ins 2010 No 135, Sch 6.2 \[2\]. Rep 2013 No 1, Sch 1.6 \[2\]. > > **s 140:** Am 2007 No 94, Sch 2; 2016 No 48, Sch 2.6 \[3\]; 2023 No 41, Sch 2.6\[3\].