New South Wales Consolidated Acts

UNCOLLECTED GOODS ACT 1995 - SECT 18

18 Exercise of jurisdiction by District Court or Supreme Court

(1) The jurisdiction conferred on the Local Court by this Part may be exercised by the District Court, but only with the leave of the District Court, or by the Supreme Court, but only with the leave of the Supreme Court.

(1A) The District Court may exercise that jurisdiction even though the value of the uncollected goods exceeds the jurisdictional limit of the Local Court, but may not exercise that jurisdiction if that value exceeds the amount of the limit of the District Court’s jurisdiction in an action for the recovery of a debt under the District Court Act 1973 .

(2) The Supreme Court may exercise that jurisdiction even though the value of the uncollected goods exceeds the jurisdictional limit of the Local Court.

(3) When deciding whether to grant leave, the District Court or Supreme Court may have regard to the value of the uncollected goods, the complexity of the legal issues involved, any related issues for which the Local Court does not have jurisdiction and any other relevant matter.

(4) For the purpose of this section:

(a) a reference in this Act (except section 17) to the Local Court is to be read as including a reference to the District Court or Supreme Court, as the case requires, and

(b) a reference in section 8 to the regulations is to be read as including a reference to the rules of court.