28Transfer to inferior courts of civil jurisdiction of actions and counter-claims founded on contract or tort

### 28 Transfer to inferior courts of civil jurisdiction of actions and counter-claims founded on contract or tort > *\[Section 28 Subsection (1) amended by No. 36 of 1965, s. 3 and s. 4 \]**\[Section 28 Subsection (1) amended by No. 55 of 1965, s. 5 \]**\[Section 28 Subsection (1) amended by No. 39 of 1984, s. 5 \]**\[Section 28 Subsection (3) amended by No. 36 of 1965, s. 3 \]**\[Section 28 Subsection (3) amended by No. 55 of 1965, s. 5 \]**\[Section 28 Subsection (3) amended by No. 39 of 1984, s. 5 \]* > > > (1)  *\[Section 28 Subsection (1) amended by No. 31 of 1958, s. 2 \]*In any action commenced in the Court where – > > > > > > (a) [*\[Section 28 Subsection (1) amended by No. 62 of 2000, Sched. 1, Applied:14 Nov 2000\]*](/view/html/inforce/2000-11-14/act-2000-062#JS1@Ja7@GC1@Hpa@EN) [*\[Section 28 Subsection (1) amended by No. 43 of 2006, s. 61, Applied:18 Dec 2006\]*](/view/html/inforce/2006-12-18/act-2006-043#GS61@Hpa@EN) the plaintiff's claim is founded either on contract or on tort, and the amount claimed or remaining in dispute in respect thereof does not exceed $50 000, whether the action could or could not have been commenced in an inferior court of civil jurisdiction, and whether the defendant does or does not set up or intend to rely on a counter-claim, and whether the counter-claim, if any, is founded on contract or on tort, and whether the amount claimed on the counter-claim exceeds or does not exceed either of those sums; > > > > > > > (b) [*\[Section 28 Subsection (1) amended by No. 62 of 2000, Sched. 1, Applied:14 Nov 2000\]*](/view/html/inforce/2000-11-14/act-2000-062#JS1@Ja7@GC1@Hpb@EN) [*\[Section 28 Subsection (1) amended by No. 43 of 2006, s. 61, Applied:18 Dec 2006\]*](/view/html/inforce/2006-12-18/act-2006-043#GS61@Hpb@EN) the only matter remaining to be tried between the parties is a counter-claim, whether founded on contract or on tort, and whether the counter-claim, if it had been an action, could or could not have been commenced in an inferior court of civil jurisdiction, and the amount claimed or remaining in dispute in respect of the counter-claim does not exceed $50 000; or > > > > > > > (c) the plaintiff's claim is for the recovery of land, with or without a claim for rent or mesne profits by a landlord against a tenant, or any person holding or claiming by, through, or under a tenant, whose term has expired, or has been duly determined by notice to quit, or has become liable to forfeiture for non-payment of rent, and the action could have been commenced in an inferior court of civil jurisdiction – > > > > > > either party may at any time apply to a judge for an order that the claim and counter-claim, if any, or, if the only matter remaining to be tried is a counter-claim, the counter-claim, shall be transferred – > > > > > > > (d) to any inferior court of civil jurisdiction in which the action might have been commenced if the subject-matter and the amount thereof had been within the jurisdiction of such court; > > > > > > > (e) if the only matter remaining to be tried is a counter-claim, to any inferior court of civil jurisdiction in which the counter-claim might have been commenced if it had been an action, and the subject-matter and the amount thereof had been within the jurisdiction of such court; or > > > > > > > (f) to any inferior court of civil jurisdiction the judge may deem most convenient to the parties – > > > > and the judge may thereupon, if he thinks fit, order the same to be so transferred accordingly. > > > (1A)  [*\[Section 28 Subsection (1A) amended by No. 43 of 2006, s. 61, Applied:18 Dec 2006\]*](/view/html/inforce/2006-12-18/act-2006-043#GS61@Hpc@EN) [*\[Section 28 Subsection (1A) inserted by No. 62 of 2000, Sched. 1, Applied:14 Nov 2000\]*](/view/html/inforce/2000-11-14/act-2000-062#JS1@Ja7@GC1@Hpc@EN) A judge may exercise the powers to transfer a claim and counter-claim or a counter-claim under [subsection (1)](#GS28@Gs1@EN) where the amount claimed or remaining in dispute exceeds $50 000 if all parties to the action agree to the transfer. > > > (2)  [*\[Section 28 Subsection (2) amended by No. 62 of 2000, Sched. 1, Applied:14 Nov 2000\]*](/view/html/inforce/2000-11-14/act-2000-062#JS1@Ja7@GC1@Hpd@EN) Provided that no action or counter-claim shall be transferred under [subsection (1)](#GS28@Gs1@EN) or [(1A)](#GS28@Gs1A@EN) to any inferior court of civil jurisdiction which is not competent to grant the remedy or relief of the nature which is sought by the action or counter-claim. > > > (3)  *\[Section 28 Subsection (3) amended by No. 31 of 1958, s. 2 \]*[*\[Section 28 Subsection (3) substituted by No. 62 of 2000, Sched. 1, Applied:14 Nov 2000\]*](/view/html/inforce/2000-11-14/act-2000-062#JS1@Ja7@GC1@Hpe@EN) If it appears to a Full Court or judge that any prescribed application or proceedings may be more conveniently tried and determined in an inferior court of civil jurisdiction, the Full Court or judge may, at any time, make an order transferring the matter to, or directing that any issue necessary for determining the matter be tried in, the inferior court of civil jurisdiction specified in the order if – > > > > > > (a) [*\[Section 28 Subsection (3) amended by No. 43 of 2006, s. 61, Applied:18 Dec 2006\]*](/view/html/inforce/2006-12-18/act-2006-043#GS61@Hpd@EN) the amount of the debt or money, the value of the goods or chattels the subject of the prescribed application or the amount of the debt sought to be attached or for which execution is sought to be levied does not exceed $50 000; or > > > > > > > (b) [*\[Section 28 Subsection (3) amended by No. 43 of 2006, s. 61, Applied:18 Dec 2006\]*](/view/html/inforce/2006-12-18/act-2006-043#GS61@Hpe@EN) where the amount of the debt or money, the value of the goods or chattels the subject of the prescribed application or the amount of the debt sought to be attached or for which execution is sought to be levied is or exceeds $50 000, all parties to the prescribed application or proceedings agree to the making of the order. > > > (4)  [*\[Section 28 Subsection (4) inserted by No. 62 of 2000, Sched. 1, Applied:14 Nov 2000\]*](/view/html/inforce/2000-11-14/act-2000-062#JS1@Ja7@GC1@Hpe@EN) In [subsection (3)](#GS28@Gs3@EN) , > > > > > ***prescribed application or proceedings*** means any application or proceedings in the Court by way of interpleader, or for the attachment of any debt, salary, wages or pay, to answer a judgment or order or for leave to issue execution, pursuant to the [Rules of Court](/view/html/inforce/2026-04-12/sr-1976-078#) , against – > > > > > > > > (a) a person as being a member of a firm against which a judgment or order has been given or made, or for leave to issue execution, pursuant to the [Rules of Court](/view/html/inforce/2026-04-12/sr-1976-078#) ; or > > > > > > > > > (b) a person as being a member of any unincorporated society or association, or other unincorporated combination of persons in the nature of a society or association, against which, or any officer of which (as representing the society, association or other unincorporated combination of persons), a judgment or order has been given or made. > > > (5)  [*\[Section 28 Subsection (5) inserted by No. 62 of 2000, Sched. 1, Applied:14 Nov 2000\]*](/view/html/inforce/2000-11-14/act-2000-062#JS1@Ja7@GC1@Hpe@EN) A court to which a matter has been transferred, or which is directed to try an issue necessary for the determining of a matter, under an order made under [subsection (3)](#GS28@Gs3@EN) has jurisdiction to try and determine the matter or issue.