MAGISTRATES COURT (CIVIL PROCEEDINGS) ACT 2004 - SECT 9

MAGISTRATES COURT (CIVIL PROCEEDINGS) ACT 2004 - SECT 9

9 .         Counterclaims outside jurisdiction

        (1)         In this section —

        counterclaim means any claim, including a claim for a set-off, made in a defence.

        (2)         This section applies if a party’s counterclaim involves a claim or an issue that is outside the Court’s civil jurisdiction.

        (3)         For the purposes of subsection (2) a counterclaim is not outside the Court’s civil jurisdiction by reason only that it is or includes 2 or more claims for an amount of money, each of which could be the subject of a separate claim within that jurisdiction, but the total of which is more than the jurisdictional limit.

        (4)         If the counterclaim is for an amount of money, the Court has jurisdiction to deal with the counterclaim unless the party against which the counterclaim is made objects before a date is set for the trial of the counterclaim.

        (5)         If the counterclaim is not for an amount of money, the Court has jurisdiction to deal with the counterclaim but cannot give any remedy or judgment on the counterclaim that is outside the Court’s jurisdiction unless the party against which the counterclaim is made consents.

        (6)         Whether or not it deals with the counterclaim under subsection (4) or (5), the Court may adjourn the case, or the enforcement of any judgment given in it, for sufficient time and on any necessary terms to allow —

            (a)         a party to apply to a superior court under section 39; or

            (b)         the party concerned to take action in a court of competent jurisdiction to establish its counterclaim.