Section 91 — District Court Act 2016: Transfer of proceeding to High Court if counterclaim exceeds jurisdiction

91 Transfer of proceeding to High Court if counterclaim exceeds jurisdiction (1) This section applies to a proceeding in the court in which a counterclaim or set-off and counterclaim involves a matter that is outside the jurisdiction of the court. (2) A party to the proceeding may apply, within the time prescribed by the High Court Rules 2016 , to the High Court for an order transferring the proceeding, or the proceeding on the counterclaim or set-off and counterclaim, to the High Court. (3) A Judge of the High Court may order that— (a) the proceeding be transferred to the High Court; or (b) the proceeding be heard and determined in the District Court; or (c) only the proceeding on the counterclaim or set-off and counterclaim be heard in the High Court and that the rest of the proceeding be heard and determined in the District Court. (4) Execution of a judgment of the court in favour of a claimant in a proceeding to which subsection (3)(c) applies must, unless the High Court orders otherwise, be stayed until the proceeding transferred to the High Court is heard and determined. (5) The court has jurisdiction to hear and determine a proceeding to which this section applies if— (a) no application is made under subsection (2) within the time prescribed by the High Court Rules 2016 ; or (b) the High Court orders that the proceeding be heard and determined in the District Court. (6) Subsection (5) overrides anything to the contrary in any other enactment. (7) Where the High Court makes an order under this section, the Registrar of the relevant registry of the High Court must send a copy of the order to the Registrar of the relevant office of the District Court. Compare: 1947 No 16 s 45