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Magistrates' Court Act 1989
101Proceedings beyond jurisdiction
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101 Proceedings beyond jurisdiction
(1) If a civil proceeding is wholly or partly beyond the jurisdiction of the Court, the Court may—
(a) amend the complaint for the purpose of bringing the proceeding within jurisdiction; or
S. 101(1)(b) amended by No. 43/1991 s. 38(a).
(b) order that the proceeding be stayed pending the making of an application under Part 3 of the **Courts (Case Transfer) Act 1991**; or
(c) order that the complaint be struck out and award costs as if the Court had jurisdiction and the complaint were dismissed.
(2) If—
S. 101(2)(a) amended by No. 43/1991 s. 38(b).
(a) under subsection (1)(b) the Court orders that a proceeding be stayed pending the making of an application under Part 3 of the **Courts (Case Transfer) Act 1991**; and
(b) within a reasonable time after the making of that order the proceeding has not been transferred to another court—
the Court may exercise the power conferred by subsection (1)(c).
Pt 5 Div. 1A (Heading and s. 101A) inserted by No. 15/1998 s. 9.