Comparison View

Formal Consolidation |  2007 RevEd
Transfer of counterclaim from subordinate courts to High Court
54E.—(1)  Where, in any civil proceedings pending in a subordinate court, any counterclaim or set-off and counterclaim of any defendant involves a matter beyond the District Court limit, any party to the proceedings may apply to the High Court, within such time as may be prescribed by Rules of Court, for an order that the whole proceedings, or the proceedings on the counterclaim or set-off and counterclaim, be transferred to the High Court.
[26/2005]
(2)  On any such application or on its own motion, the High Court may, as it thinks fit, and on such terms as it sees fit, order —
(a)that the whole proceedings be transferred to the High Court;
(b)that the whole proceedings be tried in the subordinate courts; or
(c)that the proceedings on the counterclaim or set-off and counterclaim be transferred to the High Court and that the proceedings on the plaintiff’s claim and the defence thereto other than the set-off (if any) be tried in the subordinate courts.
[26/2005]
(3)  Where an order is made under subsection (2)(c), and judgment on the claim is given for the plaintiff, execution thereon shall, unless the High Court at any time otherwise orders, be stayed until the proceedings transferred to the High Court have been concluded.
[26/2005]
(4)  Where no application is made under subsection (1) or where it is ordered that the whole proceedings be tried in the subordinate courts, such subordinate court shall have jurisdiction to try the proceedings, notwithstanding any other provision of this Act.
[26/2005]
Informal Consolidation | Amended Act 40 of 2019
Transfer of counterclaim from State Courts to General Division of High Court
54E.—(1)  Where, in any civil proceedings pending in a State Court, any counterclaim or set-off and counterclaim of any defendant involves a matter beyond the District Court limit, any party to the proceedings may apply to the General Division of the High Court, within such time as may be prescribed by Rules of Court, for an order that the whole proceedings, or the proceedings on the counterclaim or set-off and counterclaim, be transferred to the General Division of the High Court.
[26/2005]
[Act 5 of 2014 wef 07/03/2014]
[Act 40 of 2019 wef 02/01/2021]
(2)  On any such application or on its own motion, the General Division of the High Court may, as it thinks fit, and on such terms as it sees fit, order —
(a)that the whole proceedings be transferred to the General Division of the High Court;
[Act 40 of 2019 wef 02/01/2021]
(b)that the whole proceedings be tried in the State Courts; or
[Act 5 of 2014 wef 07/03/2014]
(c)that the proceedings on the counterclaim or set-off and counterclaim be transferred to the General Division of the High Court and that the proceedings on the plaintiff’s claim and the defence thereto other than the set-off (if any) be tried in the State Courts.
[26/2005]
[Act 5 of 2014 wef 07/03/2014]
[Act 40 of 2019 wef 02/01/2021]
(3)  Where an order is made under subsection (2)(c), and judgment on the claim is given for the plaintiff, execution thereon shall, unless the General Division of the High Court at any time otherwise orders, be stayed until the proceedings transferred to the General Division of the High Court have been concluded.
[26/2005]
[Act 40 of 2019 wef 02/01/2021]
(4)  Where no application is made under subsection (1) or where it is ordered that the whole proceedings be tried in the State Courts, such State Court shall have jurisdiction to try the proceedings, notwithstanding any other provision of this Act.
[26/2005]
[Act 5 of 2014 wef 07/03/2014]
[Act 40 of 2019 wef 02/01/2021]