149DProceedings after transfer

149D Proceedings after transfer

149D Proceedings after transfer

(1) Subject to the rules of court applicable in the transferee court—

(a) any proceedings with respect to which a transfer order takes effect continue in the transferee court—

(i) as if the proceedings had been duly commenced in the transferee court on the date on which they were commenced in the transferor court, and

(ii) as if any cross-claim in the proceedings had been duly made in the transferee court on the date on which it was made in the transferor court, and

(b) any proceedings with respect to which a transfer order under section 149B (2) takes effect are to be heard together with, and are taken to form part of, the related proceedings in the transferee court.

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

(a) any admission duly made in the transferor court is to be treated as if it had been made in the transferee court, and

(b) in the case of proceedings affected by a transfer order under section 149B (2), any process or other documentation before the transferee court may be amended so as to reflect the merger of the proceedings concerned.

(3) Subject to the rules of court applicable in the transferee court, the power of the transferee 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].

pt 9, div 2A (ss 149A–149E): Ins 2007 No 56, Sch 2 [8]. Subst 2009 No 30, Sch 1.