269Procedure on transfer of action from Supreme Court

269 Procedure on transfer of action from Supreme Court (1) This section applies if the Supreme Court has made an order under section 268 that an action pending in the Supreme Court be transferred to the Magistrates Court. (2) A party to the action may file in the Magistrates Court a copy of the order, a copy of each of the pleadings (if any) in the action and any other relevant documents filed in the Supreme Court. (3) When the copies have been filed, the action— (a) stops being an action in the Supreme Court; and (b) becomes a proceeding in the Magistrates Court. (4) The proceeding is taken to have been begun in the Magistrates Court on the day the action was begun in the Supreme Court. Transfer of proceedings from or to Supreme Court Part 4.4 (5) Costs in the proceeding are to be allowed— (a) for costs incurred before the order under section 268 was made (including the costs of getting the order) and the costs of getting the copies mentioned in subsection (2)—in accordance with the rules under the Court Procedures Act 2004 applying to the Supreme Court, but subject to any Supreme Court order; and (b) for costs incurred after the order was made (not including the costs of getting the copies)—in accordance with the rules applying to the Magistrates Court. (6) If costs mentioned in subsection (5) (a) are to be assessed, the costs must be assessed by the registrar in accordance with the rules applying to the Supreme Court.