184Procedure on transfer of causes from the Court to inferior court of civil jurisdiction

184 Procedure on transfer of causes from the Court to inferior court of civil jurisdiction

(1)  *[Section 184 Subsection (1) amended by 25 Geo. V No. 78 ]*Where, pursuant to the provisions of this Act, any cause (including a counter-claim), matter, or proceeding is ordered to be transferred from the Supreme Court to an inferior court of civil jurisdiction, any party may lodge, or cause to be lodged, with the registrar of the inferior court named in the order, the order and the writ or statement of claim, or copies thereof, and such other documents, if any, as a judge of the Supreme Court may direct; and the Registrar of the Supreme Court or the district registrar at the registry in which the cause, matter, or proceeding is proceeding shall, on the application of such party, and on production of the order and on the filing of a copy thereof, send to the registrar of the inferior court all pleadings, affidavits, and other documents filed in the Supreme Court relating to the cause, matter, or proceeding. On the documents aforesaid being so lodged or sent, the cause, matter, or proceeding shall be transferred to the said inferior court, and, subject to the provisions of this section and to any rules of such court, all further proceedings therein shall be taken and tried as if the inferior court had had jurisdiction to entertain the cause, matter, or proceeding, when it was commenced, and the cause, matter, or proceeding had been originally commenced therein, and the inferior court shall have jurisdiction to deal with the cause, matter, or proceeding, any enactment to the contrary notwithstanding: Provided that the transfer shall not affect any right of appeal to the Supreme Court from the order directing the transfer, or the right of the Supreme Court or any judge thereof to enforce in that Court any judgment signed, or order made, in that Court before the transfer.

(2)  Any judge of the Supreme Court may, if circumstances render it necessary or desirable so to do, order any cause (including a counter-claim), matter, or proceeding which has been transferred to an inferior court of civil jurisdiction to be retransferred to the Supreme Court, and (if the proceeding is one which can be proceeded with in any district registry) the judge may order it to be proceeded with in any district registry in which it can be proceeded with, and any party may lodge, or cause to be lodged with the Registrar of the Supreme Court or (if the judge orders the proceeding to be proceeded with in a district registry) with the district registrar at the registry in which the proceeding is to be proceeded with, the order and the writ or statement of claim, or copies thereof, and such other documents, if any, as the judge may direct; and the registrar of the inferior court shall, on the application of such party, and on production of the order and on the filing of a copy thereof, send to the Registrar of the Supreme Court or the district registrar at the registry in which the proceeding is to be proceeded with all pleadings, affidavits, and other documents filed in the inferior court relating to the cause, matter, or proceeding.