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Civil Procedure Act 2005
143Proceedings after transfer
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#### 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—
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> > > (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
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> > > (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.
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> > (2) For the purposes of any proceedings continued in the higher court—
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> > > (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
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> > > (b) any admission duly made in the lower court is to be treated as if it had been duly made in the higher court.
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> > (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—
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> > > (a) the application for, and the making of, the transfer order, and
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> > > (b) any step taken in the proceedings before the transfer order was made.
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> **pt 2A, divs 1–6 (ss 18A–18O):** Ins 2010 No 135, Sch 6.2 \[2\]. Rep 2013 No 1, Sch 1.6 \[2\].