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Contents

Long Title

Part I PRELIMINARY

Part II ESTABLISHMENT AND JURISDICTION OF TRIBUNALS

Part III APPEAL

Part IV MISCELLANEOUS PROVISIONS

Legislative History

 
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On 25/05/2013, you requested for the version in force on 25/05/2013 incorporating all amendments published on or before 25/05/2013. The closest version currently available is that of 15/04/2009.
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Transfer of counterclaim from tribunal to court
10.
—(1)  Where any counterclaim or any set-off and counterclaim in proceedings before a tribunal is a monetary claim which is not within the jurisdiction of the tribunal, any party in those proceedings may apply to an appropriate court, within such time as may be prescribed by the rules of that court, for an order that the whole proceedings, or the proceedings on the counterclaim or set-off and counterclaim, be transferred to that court.
(2)  On any such application, the court may order —
(a)
that the whole proceedings be transferred to that court;
(b)
that the whole proceedings be heard before a tribunal; or
(c)
that the proceedings on the counterclaim or set-off and counterclaim be transferred to that court and that the claim by the claimant and the defence thereto other than the set-off, if any, be heard before a tribunal.
(3)  Where an order is made under subsection (2)(c) and judgment on the claim is given for the claimant, execution thereon shall, unless the court at any time otherwise orders, be stayed until the proceedings transferred to that court have been concluded.
(4)  Where no application is made under subsection (1) or where on such an application it is ordered that the whole proceedings be heard before a tribunal, the tribunal shall have jurisdiction to hear the proceedings notwithstanding any other provisions of this Act.