143Proceedings after transfer

143 Proceedings after transfer

143 Proceedings after transfer

(cf Act No 11 1970, section 21E; DCR Part 5, rule 12)

(1) Subject to the rules of court applicable in the higher court, any proceedings with respect to which a transfer order takes effect are to be continued in the higher court—

(a) as if the proceedings had been duly commenced in the higher court on the date on which they were commenced in the lower court, and

(b) as if any cross-claim in the proceedings had been duly made in the higher court on the date on which it was made in the lower court.

(2) For the purposes of any proceedings continued in the higher court—

(a) any abandonment of an amount under section 23 ceases to have effect except to the extent to which the amount originally claimed in the proceedings, or in any cross-claim in the proceedings, exceeded the jurisdictional limit of the higher court, and

(b) any admission duly made in the lower court is to be treated as if it had been duly made in the higher court.

(3) Subject to the rules of court applicable in the higher court, the power of the higher court to make orders as to costs includes a power to make orders with respect to the costs of—

(a) the application for, and the making of, the transfer order, and

(b) any step taken in the proceedings before the transfer order was made.

pt 2A, divs 1–6 (ss 18A–18O): Ins 2010 No 135, Sch 6.2 [2]. Rep 2013 No 1, Sch 1.6 [2].