COMMERCIAL TENANCY (RETAIL SHOPS) AGREEMENTS ACT 1985 - SECT 27
COMMERCIAL TENANCY (RETAIL SHOPS) AGREEMENTS ACT 1985 - SECT 27
27 . Both court and SAT having jurisdiction, procedure etc. in case of
(1) If both a court
and the Tribunal have jurisdiction to determine a matter, proceedings to
determine the matter may be instituted either —
(a)
before the court; or
(b)
before the Tribunal,
but not both.
(2) If a matter is
before a court, the court may order it to be transferred to the Tribunal if
—
(a) all
parties to the matter so agree; or
(b) the
court, on its own initiative or on the application of a party, decides it is
in the interests of justice to do so.
(3) If a matter is
before the Tribunal and is one that a court also has jurisdiction to
determine, the Tribunal may order it to be transferred to the court if —
(a) all
parties to the matter so agree; or
(b) the
Tribunal, on its own initiative or on the application of a party, decides it
is in the interests of justice to do so.
(4) Where —
(a) an
unconscionable conduct application or misleading or deceptive conduct
application has been made; and
(b) at
the time it was made no issue arising under the application was the subject of
civil proceedings before a court,
a court has no
jurisdiction to hear or determine such an issue in civil proceedings unless
subsection (5) applies.
(5) This subsection
applies if —
(a) an
application referred to in subsection (4), or a part of such an application to
which the issue referred to in subsection (4) relates, is withdrawn or is
dismissed for want of jurisdiction; or
(b) as a
result of judicial review, a court quashes or declares invalid an order,
direction or determination of the Tribunal made in respect of the application
on the ground that the Tribunal had no jurisdiction to hear and determine that
issue.
(6) Where —
(a) an
application referred to in subsection (4) has been made; and
(b) at
the time it was made an issue arising under the application was the subject of
civil proceedings before a court,
the Tribunal, on
becoming aware of those proceedings, ceases to have jurisdiction to hear or
determine the issue unless subsection (7) applies.
(7) This subsection
applies if —
(a) the
proceedings referred to in subsection (6) are, or the part of those
proceedings relating to the issue referred to in that subsection is,
transferred to the Tribunal by the court concerned; or
(b)
those proceedings are, or that part of those proceedings is, withdrawn or
dismissed by the court, or by another court on appeal in those proceedings,
for want of jurisdiction or without deciding the issue on its merits; or
(c) as a
result of judicial review, a court quashes or declares invalid those
proceedings or that part of those proceedings or any order, judgment or
decision made in those proceedings in relation to the issue, on the ground
that the court concerned had no jurisdiction to hear and determine the issue.
[Section 27 amended: No. 55 of 2004 s. 130; No. 47
of 2006 s. 24; No. 5 of 2008 s. 22; No. 59 of 2011 s. 23.]