Small Claims Tribunals Act · 2024 Revised Edition · Part · Jurisdiction
10. Jurisdiction as to counterclaim
Official textFrom Attorney General's Chambers, unchanged
Where any counterclaim or any set-off and counterclaim in proceedings in a tribunal is a monetary claim which is not within the jurisdiction of the tribunal, the tribunal shall order that the whole proceedings or the proceedings on the counterclaim or set-off and counterclaim be transferred to an appropriate court of competent jurisdiction.
claim
“claim” means a claim filed with a tribunal under section 15 and includes a proceeding in the tribunal between a claimant and a defendant;
Where an order is made under subsection (1) and judgment on the claim is given for the claimant, execution thereon shall, unless the tribunal otherwise orders, be stayed until the proceedings transferred to that other court have been determined.
claimant
“claimant” means a person who files a claim with a tribunal other than — (a) a defendant entering a counterclaim; and (b) a person who is being represented in a representative claim;
Where a defendant has a counterclaim or set-off and counterclaim which exceeds the monetary jurisdiction of the tribunal and which, but for the excess, would be within its jurisdiction, the defendant may abandon the excess and thereupon the tribunal shall have jurisdiction to hear and determine the counterclaim or set-off and counterclaim but that the defendant shall not recover in the counterclaim or set-off and counterclaim an amount exceeding the monetary jurisdiction of the tribunal.
defendant
“defendant” means any person against whom a claim is made by a claimant other than — (a) a claimant against whom relief is sought by way of counterclaim; and (b) a person who is being represented in a representative claim;
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Where a tribunal has jurisdiction to hear and determine a counterclaim or set-off and counterclaim by virtue of this section, the award of the tribunal on the counterclaim or set-off and counterclaim shall be in full discharge of all demands in respect thereof, and judgment is deemed to be entered accordingly.
Terms defined in s 2
claim
Defined · s 2“claim” means a claim filed with a tribunal under section 15 and includes a proceeding in the tribunal between a claimant and a defendant;
claimant
Defined · s 2“claimant” means a person who files a claim with a tribunal other than — (a) a defendant entering a counterclaim; and (b) a person who is being represented in a representative claim;
defendant
Defined · s 2“defendant” means any person against whom a claim is made by a claimant other than — (a) a claimant against whom relief is sought by way of counterclaim; and (b) a person who is being represented in a representative claim;
Part
Commencement of Proceedings
Part
Procedure
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Review and Appeal
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