General civil jurisdiction
19.—(1) A District Court exercising civil jurisdiction is a court of record.
(2) Subject to subsections (3) and (4), a District Court has all the jurisdiction of the General Division of the High Court to hear and try any action in personam where —(a)
the defendant is served with an originating claim or any other originating process —(i)
in Singapore in the manner prescribed by Rules of Court; or
(ii)
outside Singapore in the circumstances authorised by and in the manner prescribed by Rules of Court; or[Act 25 of 2021 wef 01/04/2022]
(b)
the defendant submits to the jurisdiction of a District Court.[31/2010; 40/2019]
(3) Subject to section 28A of the Supreme Court of Judicature Act 1969 and any order under subsection (1) thereof, a District Court’s jurisdiction under subsection (2) does not include —(a)
any supervisory jurisdiction or revisionary jurisdiction;
(b)
any jurisdiction relating to the judicial review of any act done or decision made by any person or authority, including the issue of any of the following prerogative orders:(i)
a Mandatory Order;
(ii)
a Prohibiting Order;
(iii)
a Quashing Order;
(iv)
an Order for Review of Detention;
(c)
any jurisdiction vested exclusively in the General Division of the High Court, in a Family Court, in a Youth Court, in any other State Court, or in any judicial, quasi‑judicial or administrative tribunal, by written law;[Act 23 of 2019 wef 01/04/2022]
(ca)
any jurisdiction to hear and try an action in passing off; and[Act 23 of 2019 wef 01/04/2022]
(d)
any jurisdiction expressly excluded by written law.[31/2010; 5/2014; 27/2014; 40/2019]
(4) Subject to sections 22 and 23, a District Court’s jurisdiction under subsection (2) does not include jurisdiction to hear and try any action where —(a)
the amount claimed in the action exceeds the District Court limit; or
(b)
any remedy or relief sought in the action is in respect of a subject matter the value of which exceeds the District Court limit.[31/2010]
(5) [Deleted by Act 27 of 2014]
(6) Without limiting subsection (2), a District Court has such jurisdiction as is vested in it by any other written law.
Abandonment of part of claim to give District Court jurisdiction
22.—(1) Where —(a)
the amount claimed in an action exceeds the District Court limit, or any remedy or relief sought in an action is in respect of a subject matter the value of which exceeds the District Court limit; and
(b)
a District Court would have jurisdiction under section 19(2) to hear and try the action if the amount or value (as the case may be) did not exceed the District Court limit,
the claimant may abandon the excess amount or that remedy or relief, as the case may be, and thereupon a District Court has jurisdiction under section 19(2) to hear and try the action, except that the claimant cannot in that action —
(c)
recover an amount exceeding the District Court limit; and
(d)
obtain any remedy or relief in respect of the subject matter the value of which exceeds the District Court limit.[31/2010]
[Act 25 of 2021 wef 01/04/2022]
(2) Where a District Court has jurisdiction to hear and try an action by virtue of this section, the judgment of the court in the action is a full discharge of all demands in respect of the cause of action.
Jurisdiction by agreement in certain actions
23. Where the parties to an action agree, by a memorandum signed by them or their respective solicitors, a District Court has jurisdiction under section 19(2) to hear and try the action even though —(a)
the amount claimed in the action exceeds the District Court limit; or
(b)
any remedy or relief sought in the action is in respect of a subject matter the value of which exceeds the District Court limit.[31/2010]
Jurisdiction in actions for recovery of immovable property
25. Without limiting section 19, a District Court has jurisdiction under section 19(2) to hear and try any action for the recovery of immovable property with or without a claim for rent or mesne profits and whether or not the title to the property is in dispute, where —(a)
the annual value of the property appearing in the Valuation List prepared under section 10 of the Property Tax Act 1960 does not exceed the District Court limit;
(b)
the annual rent payable by the tenant does not exceed the District Court limit or the monthly rent payable by the tenant does not exceed one-twelfth of the District Court limit; or
(c)
if the annual value, annual rent or monthly rent cannot be ascertained, the last transacted price of the property does not exceed 10 times the District Court limit.[31/2010]
Equity jurisdiction
26. Without limiting section 19, a District Court has jurisdiction under section 19(2) to hear and try any of the following proceedings:(a)
[Deleted by Act 27 of 2014]
(b)
proceedings for the execution of any trust or for a declaration that a trust subsists, where the amount or value of the property subject, or alleged to be subject, to the trust does not exceed the District Court limit;
(c)
proceedings for foreclosure or redemption of any mortgage or for enforcing any charge or lien, where the amount owing in respect of the mortgage, charge or lien does not exceed the District Court limit;
(d)
proceedings for the specific performance, or for the rectification, delivery up or cancellation of any agreement for the sale, purchase or lease of any property, where, in the case of a sale or purchase, the purchase money or, in the case of a lease, the amount or value of the property does not exceed the District Court limit;
(e)
[Deleted by Act 27 of 2014]
(f)
proceedings for the dissolution or winding up of any partnership (other than a limited liability partnership registered under the Limited Liability Partnerships Act 2005), whether or not the existence of the partnership is in dispute, where the amount or value of all the assets of the partnership does not exceed the District Court limit;
(g)
proceedings for relief against fraud or mistake where the damage sustained or the amount or value of the estate or fund in respect of which relief is sought does not exceed the District Court limit.[31/2010; 27/2014]
Jurisdiction to issue writ of distress
28. A District Court has jurisdiction under the Distress Act 1934 in all cases where the amount of rent distrained or to be distrained does not exceed the District Court limit.
Jurisdiction to grant relief by interpleader
29.—(1) Without limiting section 19, a District Court has jurisdiction under section 19(2) to grant relief by way of interpleader —(a)
where a bailiff of a District Court is charged with the execution of any writ or order of the Court and claim is made to any money or other movable property taken or intended to be taken in execution of the writ or order, or to the proceeds or value of any such property, by any person other than the person against whom the writ or order was issued or made; and
(b)
where the person seeking relief is under liability for any debt, money, or other movable property of which the amount or value does not exceed the District Court limit and for or in respect of which the person has been or expects to be sued by 2 or more parties making adverse claims thereto.[31/2010]
(2) If it appears to the General Division of the High Court that any proceedings in the General Division of the High Court by way of interpleader, in which the amount in dispute or value of the subject matter does not exceed the District Court limit, may be more conveniently tried in a District Court, the General Division of the High Court may at any time order that the proceedings be transferred to a District Court.[40/2019]
Variation of District Court limit
30. The President may, after consulting the Chief Justice, by order vary the District Court limit mentioned in any of the foregoing provisions.
Powers of District Court same as General Division of High Court
31.—(1) A District Court, as regards any action within its jurisdiction, is in any proceedings before it —(a)
to grant such relief, redress or remedy or combination of remedies, either absolute or conditional; and
(b)
to give such and the like effect to every ground of defence or counterclaim equitable or legal,
as ought to be granted or given in the like action by the General Division of the High Court and in as full and ample a manner.
[40/2019]
(2) Without limiting subsection (1), a District Court, as regards any action within its jurisdiction, has power —(a)
to grant an injunction whether or not any other relief is or could be claimed;
(b)
to make binding declarations of rights whether or not any consequential relief is or could be claimed; and
(c)
to order medical examination of a person who is a party to any proceedings where the physical or mental condition of the person is relevant to any matter in question in the proceedings.[31/2010]
Powers of District Judge in chambers
32. A District Judge has power in any civil proceeding pending in a District Court to make any order or to exercise any authority or jurisdiction which, if it related to a proceeding pending in the General Division of the High Court, might be made or exercised by a Judge sitting in chambers in the General Division of the High Court.[31/2010; 40/2019]
Assessors
33.—(1) In any proceedings, a District Judge may, if he or she thinks fit on the application of any party, or on his or her own motion, summon to his or her assistance, in such manner that is prescribed by Rules of Court, one or more persons of skill and experience in the matter to which the proceedings relate who may be willing to sit with the District Judge and act as assessors.
(2) Subject to subsection (3), the remuneration of assessors for sitting under this section is to be at such rate as may be prescribed by Rules of Court and is to be costs in the proceedings unless otherwise ordered by the District Judge.
(3) Where one or more assessors are summoned for the purposes of this section otherwise than on the application of a party to the proceedings, the remuneration of any such assessor is payable out of moneys provided by Parliament.
(4) Where any person is proposed to be summoned as an assessor, objection to the person, either personally or in respect of the person’s qualification, may be taken by any party in the prescribed manner.
Jurisdiction of registrar
34. Any jurisdiction and powers conferred on a District Court by this Act or any other written law relating to civil proceedings may be exercised, to the extent authorised by this Act or any other written law or Rules of Court, by the registrar.
Division of causes of action
35. A cause of action must not be divided for the purpose of bringing 2 or more actions.
Examination of witnesses abroad in District Court cases
36.—(1) The General Division of the High Court, on application made in the manner prescribed by Rules of Court, has the same power to issue a request or an order to examine witnesses abroad for the purpose of civil proceedings in a District Court as it has for the purpose of an action or matter in the General Division of the High Court.[40/2019]
(2) Where such an application is made, the General Division of the High Court may, if it thinks fit, order the proceedings to be transferred to the General Division of the High Court.[40/2019]
Costs of certain actions commenced in General Division of High Court which could have been commenced in a State Court
39.—(1) Where an action is commenced in the General Division of the High Court which could have been commenced in a State Court, then, subject to subsections (3) and (4), the claimant —(a)
if he or she recovers a sum not exceeding the District Court limit, is not entitled to any more costs of the action than those to which he or she would have been entitled if the action had been brought in a District Court; and
(b)
if he or she recovers a sum not exceeding the Magistrate’s Court limit, is not entitled to any more costs of the action than those to which he or she would have been entitled if the action had been brought in a Magistrate’s Court.[31/2010; 5/2014; 40/2019]
[Act 25 of 2021 wef 01/04/2022]
(2) For the purposes of subsection (1)(a) and (b), a claimant is treated as recovering the full amount recoverable in respect of his or her claim without regard to any deduction made in respect of contributory negligence on his or her part or otherwise in respect of matters not falling to be taken into account in determining whether the action could have been commenced in a State Court.[5/2014]
[Act 25 of 2021 wef 01/04/2022]
(3) Where a claimant is entitled to costs on the State Courts scale only, the Registrar of the Supreme Court has the same power of allowing any items of costs as a District Judge or Magistrate would have had if the action had been brought in a State Court.[5/2014]
[Act 25 of 2021 wef 01/04/2022]
(4) In any action, the General Division of the High Court, if satisfied —(a)
that there was sufficient reason for bringing the action in the General Division of the High Court; or
(b)
that the defendant or one of the defendants objected to the transfer of the action to a State Court,
may make an order allowing the costs or any part of the costs thereof on the scale of the General Division of the High Court or on the State Courts scale as it may direct.
[5/2014; 40/2019]
(5) This section does not apply in the case of any proceedings by the Government.
(6) This section does not affect any question as to costs if it appears to the General Division of the High Court that there was reasonable ground for supposing the amount recoverable in respect of the claimant’s claim to be in excess of the amount recoverable in an action commenced in a State Court.[5/2014; 40/2019]
[Act 25 of 2021 wef 01/04/2022]
Allocation of proceedings to General Division of High Court
41.—(1) The Chief Justice may, where he or she considers it necessary or expedient to improve efficiency in the administration of justice and to provide for more speedy disposal of proceedings commenced in the District Courts, by order direct such class or classes or description of proceedings as may be specified in the order to be heard and determined by the General Division of the High Court.[40/2019]
(2) Any order under subsection (1) may make such incidental provision for the transfer of the proceedings to the General Division of the High Court (including matters relating to procedure and costs) as the Chief Justice thinks fit.[40/2019]
Finality of judgments and orders of District Court
42. Every judgment and order of a District Court exercising civil jurisdiction is, except as provided by this Act, any other written law or Rules of Court, final and conclusive between the parties.
Satisfaction of judgments and orders for payment of money
43.—(1) Where a judgment is given or an order is made by a District Court under which any sum of money is payable, whether by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise, the Court may, as it thinks fit, order the money to be paid either —(a)
in one sum, whether immediately or within a period fixed by the Court; or
(b)
by the instalments payable at the times fixed by the Court.
(2) If at any time it appears to the satisfaction of a District Court that any party to any proceedings is unable from any cause to pay any sum recovered against the party (whether by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise) or any instalment thereof, the Court may, in its discretion, suspend or stay any judgment or order given or made in the proceedings —(a)
for such time and on such terms as the Court thinks fit; and
(b)
from time to time until it appears that the cause of inability has ceased.
(3) Where an order for payment by instalments is made, the payment is to be made into court and no enforcement may issue, except with the permission of the District Court.[Act 25 of 2021 wef 01/04/2022]
Enforcement of judgments of District Courts
44. Subject to section 43(3), a judgment or an order of a District Court may be enforced in any manner prescribed by Rules of Court.
Execution of deed or indorsement of negotiable instrument
45.—(1) If a judgment or order of a District Court is for the execution of a deed, or signing of a document, or for the indorsement of a negotiable instrument, and the party ordered to execute, sign or indorse such instrument is absent, neglects or refuses to do so, any party interested in having the same executed, signed or indorsed, may —(a)
prepare a deed, document or indorsement of the instrument in accordance with the terms of the judgment or order; and
(b)
tender the same to a District Court for execution upon the proper stamp, if any is required by law,
and the signature thereof by the registrar, by order of the District Court, has the same effect as the execution, signing or indorsement thereof by the party ordered to execute.
(2) Nothing in this section shall be held to abridge the powers of a District Court to proceed by attachment against any person neglecting or refusing to execute, sign or indorse any such instrument.
General provision relating to civil appeals
47. Subject to the provisions of the Supreme Court of Judicature Act 1969 relating to civil appeals from the State Courts to the General Division of the High Court, Rules of Court are to regulate and prescribe the procedure on appeals from a District Court exercising civil jurisdiction to the General Division of the High Court.[5/2014; 40/2019]
Agreement not to appeal
48.—(1) An appeal cannot be brought against a decision of a District Court exercising civil jurisdiction, where the parties have agreed in writing signed by or on behalf of each party that the decision is final, unless the party seeking to appeal proves that —(a)
the decision is affected by fraud or illegality; or
(b)
there was a fundamental breach of the rules of natural justice in the proceedings resulting in the decision.
(2) An agreement mentioned in subsection (1) —(a)
may be made before or after the decision to which the agreement relates is made; and
(b)
may relate to part of a decision, in which case references in subsection (1) to a decision are to be read as references to that part of the decision.[Act 25 of 2021 wef 01/04/2022]
Appeal not to operate as stay of execution or enforcement
49.—(1) An appeal from a District Court exercising civil jurisdiction does not operate as a stay of execution or enforcement or of proceedings under the judgment or order appealed from, unless the District Court or the General Division of the High Court so orders.[40/2019]
[Act 25 of 2021 wef 01/04/2022]
(2) No intermediate act or proceeding is invalidated except so far as the General Division of the High Court may direct.[40/2019]
[Act 25 of 2021 wef 01/04/2022]
Oral hearing not needed generally
49A.—(1) Subject to subsection (2), a District Court may decide any matter in its civil jurisdiction without hearing oral arguments, other than a matter prescribed by the Rules of Court.
(2) Subsection (1) does not allow any part of a proceeding where oral evidence is given (including any part of a trial of an action) to be conducted without an oral hearing, unless all the parties consent.
(3) Subject to subsection (4), a District Court may, in any matter that the court may decide without hearing oral arguments, direct that the matter be heard in an asynchronous manner by exchange of written correspondence with the party or parties using such means of communications as directed by the court.
(4) A District Court must not hear a matter in an asynchronous manner if to do so would be inconsistent with the court’s duty to ensure that the proceedings are conducted fairly to all parties.
(5) To avoid doubt, this section does not affect the power of a District Court to hear oral arguments before deciding any matter that may be decided without hearing oral arguments.[Act 25 of 2021 wef 01/04/2022]
Summary dismissal of certain matters
49B.—(1) A District Judge sitting in a District Court may, on his or her own motion, summarily dismiss any appeal made against a decision of the registrar relating to civil proceedings, if the District Judge is satisfied of any of the following:(a)
every issue in the appeal has already been decided by a District Court or a higher court in an earlier matter in which the appellant was involved, and the appeal therefore has no merit;
(b)
such conditions as may be prescribed by the Rules of Court are met.
(2) Before summarily dismissing any appeal under subsection (1), a District Judge sitting in a District Court must —(a)
give the appellant a reasonable opportunity to show cause why the appeal should not be summarily dismissed; and
(b)
consider any representations of the appellant.
(3) In this section, “appeal” includes part of an appeal.[Act 25 of 2021 wef 01/04/2022]
Jurisdiction of District Courts exercising criminal jurisdiction
50.—(1) Subject to subsection (2), a District Court exercising criminal jurisdiction has —(a)
the jurisdiction and powers conferred on it by the Criminal Procedure Code 2010 and any other written law; and
(b)
without limiting paragraph (a), the power to order medical examination of a person who is an accused in any criminal proceedings where the physical or mental condition of the person is relevant to any matter in question in the proceedings.[31/2010]
(2) The criminal jurisdiction of a District Court is exercisable where the offence is committed —(a)
within Singapore;
(b)
on board any ship or aircraft registered in Singapore;
(c)
by any person who is a citizen of Singapore on the high seas or on any aircraft; and
(d)
in any place or by any person if it is provided in any written law that the offence is triable in Singapore.
Criminal jurisdiction of Magistrates’ Courts
51.—(1) Subject to subsection (2), a Magistrate’s Court exercising criminal jurisdiction has —(a)
the jurisdiction and powers conferred on it by the Criminal Procedure Code 2010 and any other written law; and
(b)
without limiting paragraph (a), the power to order medical examination of a person who is an accused in any criminal proceedings where the physical or mental condition of the person is relevant to any matter in question in the proceedings.[31/2010]
(2) The criminal jurisdiction of a Magistrate’s Court is exercisable where the offence is committed —(a)
within Singapore;
(b)
on board any ship or aircraft registered in Singapore;
(c)
by any person who is a citizen of Singapore on the high seas or on any aircraft; and
(d)
in any place or by any person if it is provided in any written law that the offence is triable in Singapore.
Civil jurisdiction of Magistrates’ Courts
52.—(1) Subject to subsection (1A), a Magistrate’s Court has all the jurisdiction of the General Division of the High Court to hear and try any action in personam where —(a)
the defendant is served with an originating claim or any other originating process —(i)
in Singapore in the manner prescribed by Rules of Court; or
(ii)
outside Singapore in the circumstances authorised by and in the manner prescribed by Rules of Court; or[Act 25 of 2021 wef 01/04/2022]
(b)
the defendant submits to the jurisdiction of a Magistrate’s Court.[31/2010; 40/2019]
(1A) The jurisdiction of a Magistrate’s Court under subsection (1) does not include jurisdiction to hear and try any action where —(a)
there is no claim for any sum of money;
(aa)
the action is in passing off;[Act 23 of 2019 wef 01/04/2022]
(b)
the amount claimed in the action exceeds the Magistrate’s Court limit; or
(c)
any remedy or relief sought in the action, in addition or as an alternative to the amount claimed in the action, is in respect of a subject matter the value of which exceeds the Magistrate’s Court limit.[31/2010]
(1B) A Magistrate’s Court has, in any proceedings within its jurisdiction under subsection (1) —(a)
the power —(i)
to grant such relief, redress or remedy or combination of remedies, either absolute or conditional; and
(ii)
to give such and the like effect to every ground of defence or counterclaim equitable or legal,
as ought to be granted or given in the like action by the General Division of the High Court and in as full and ample a manner;
(b)
without limiting paragraph (a), the power —(i)
to grant an injunction;
(ii)
to make binding declarations of rights; and
(iii)
to order medical examination of a person who is a party to any proceedings where the physical or mental condition of the person is relevant to any matter in question in the proceedings;
(c)
the power to make any order or to exercise any authority or jurisdiction which, if it related to a proceeding pending in the General Division of the High Court, might be made or exercised by a Judge sitting in chambers in the General Division of the High Court; and
(d)
the powers conferred on a District Court by —(i)
sections 43 and 49A; and[Act 25 of 2021 wef 01/04/2022]
(ii)
section 12 of the Civil Law Act 1909.[31/2010; 40/2019]
(2) In exercising its jurisdiction under subsection (1) or powers under subsection (1B), a Magistrate’s Court is subject to the same limitations and provisions as are applicable to a District Court under this Act.[31/2010]
(3) The President may, after consulting the Chief Justice, by order vary the Magistrate’s Court limit.
Judgments and orders of Magistrates’ Courts
54. Every judgment or order of a Magistrate’s Court in the exercise of its civil jurisdiction has the same effect (for purposes of appeal or otherwise) and is to be enforced in the same manner as if it were given or made by a District Court.
General power to transfer from Magistrate’s Court to District Court
54A.—(1) Where it appears to a District Court, on the application of a party to any civil proceedings pending in a Magistrate’s Court, that the proceedings, by reason of its involving some important question of law, or being a test case, or for any other sufficient reason, should be tried in the District Court, it may order the proceedings to be transferred to the District Court.
(2) An order under subsection (1) may be made on such terms as the court sees fit.
Agreement not to appeal
54AA.—(1) An appeal cannot be brought against a decision of a Magistrate’s Court exercising civil jurisdiction, where the parties have agreed in writing signed by or on behalf of each party that the decision is final, unless the party seeking to appeal proves that —(a)
the decision is affected by fraud or illegality; or
(b)
there was a fundamental breach of the rules of natural justice in the proceedings resulting in the decision.
(2) An agreement mentioned in subsection (1) —(a)
may be made before or after the decision to which the agreement relates is made; and
(b)
may relate to part of a decision, in which case references in subsection (1) to a decision are to be read as references to that part of the decision.[Act 25 of 2021 wef 01/04/2022]
General power to transfer from State Courts to General Division of High Court
54B.—(1) Where it appears to the General Division of the High Court, on the application of a party to any civil proceedings pending in a State Court, that the proceedings, by reason of its involving some important question of law, or being a test case, or for any other sufficient reason, should be tried in the General Division of the High Court, it may order the proceedings to be transferred to the General Division of the High Court.[5/2014; 40/2019]
(2) An order under subsection (1) may be made on such terms as the court sees fit.Explanation.— The intended enforcement overseas of any judgment obtained in the General Division of the High Court, under any enforcement arrangements currently in force, would ordinarily be sufficient reason for transferring the proceedings to the General Division of the High Court.
[40/2019]
General power to transfer from General Division of High Court to State Courts
54C.—(1) A party to any civil proceedings pending in the General Division of the High Court may for any sufficient reason at any time apply to the General Division of the High Court for an order that the proceedings be transferred to a State Court.[5/2014; 40/2019]
(2) Subject to subsection (3), the General Division of the High Court may, if it thinks fit, and on such terms as it sees fit, and either on its own motion or on application, order that the proceedings be transferred accordingly despite any other provision of this Act.[40/2019]
(3) An order under subsection (2) may only be made in respect of such proceedings as could have been commenced in the State Court to which the application relates, if the value of the claim had been within the District Court limit or the Magistrate’s Court limit, as the case may be.Explanation.— The fact that the proceedings fall within the civil jurisdiction of the State Courts would not, by itself, ordinarily constitute sufficient reason for transferring the proceedings to the State Courts, if enforcement overseas is intended of any judgment obtained in the General Division of the High Court under any enforcement arrangements currently in force.
[5/2014; 40/2019]
General power to transfer from District Court to Magistrate’s Court
54D.—(1) A party to any civil proceedings pending in the District Court may for any sufficient reason at any time apply to the District Court for an order that the proceedings be transferred to a Magistrate’s Court.
(2) Subject to subsection (3), the District Court may, if it thinks fit, and on such terms as it sees fit, and either on its own motion or on application, order that the proceedings be transferred accordingly despite any other provision of this Act.
(3) An order under subsection (2) may only be made in respect of such proceedings as could have been commenced in the Magistrate’s Court if the value of the claim had been within the Magistrate’s Court limit.
Transfer of counterclaim from State Courts to General Division of High Court
54E.—(1) Where, in any civil proceedings pending in a State Court, any counterclaim or set-off and counterclaim of any defendant involves a matter beyond the District Court limit, any party to the proceedings may apply to the General Division of the High Court, within such time as may be prescribed by Rules of Court, for an order that the whole proceedings, or the proceedings on the counterclaim or set-off and counterclaim, be transferred to the General Division of the High Court.[5/2014; 40/2019]
(2) On any application under subsection (1) or on its own motion, the General Division of the High Court may, as it thinks fit, and on such terms as it sees fit, order —(a)
that the whole proceedings be transferred to the General Division of the High Court;
(b)
that the whole proceedings be tried in the State Courts; or
(c)
that the proceedings on the counterclaim or set-off and counterclaim be transferred to the General Division of the High Court and that the proceedings on the claimant’s claim and the defence thereto other than the set‑off (if any) be tried in the State Courts.[5/2014; 40/2019]
[Act 25 of 2021 wef 01/04/2022]
(3) Where an order is made under subsection (2)(c), and judgment on the claim is given for the claimant, enforcement thereon, unless the General Division of the High Court at any time otherwise orders, is to be stayed until the proceedings transferred to the General Division of the High Court have been concluded.[40/2019]
[Act 25 of 2021 wef 01/04/2022]
(4) Where no application is made under subsection (1) or where it is ordered that the whole proceedings be tried in the State Courts, the State Court has jurisdiction to try the proceedings, despite any other provision of this Act.[5/2014]
Transfer of counterclaim from Magistrate’s Court to District Court
54F.—(1) Where, in any civil proceedings pending in a Magistrate’s Court, any counterclaim or set-off and counterclaim of any defendant involves a matter beyond the Magistrate’s Court limit, any party to the proceedings may apply to the District Court, within such time as may be prescribed by Rules of Court, for an order that the whole proceedings, or the proceedings on the counterclaim or set‑off and counterclaim, be transferred to the District Court.
(2) On any application under subsection (1) or on its own motion, the District Court may, as it thinks fit, and on such terms as it sees fit, order —(a)
that the whole proceedings be transferred to a District Court;
(b)
that the whole proceedings be tried in a Magistrate’s Court; or
(c)
that the proceedings on the counterclaim or set-off and counterclaim be transferred to a District Court and that the proceedings on the claimant’s claim and the defence thereto other than the set-off (if any) be tried in a Magistrate’s Court.[Act 25 of 2021 wef 01/04/2022]
(3) Where an order is made under subsection (2)(c), and judgment on the claim is given for the claimant, enforcement thereon, unless the District Court at any time otherwise orders, is to be stayed until the proceedings transferred to the District Court have been concluded.[Act 25 of 2021 wef 01/04/2022]
(4) Where no application is made under subsection (1) or where it is ordered that the whole proceedings be tried in a Magistrate’s Court, the Magistrate’s Court has jurisdiction to try the proceedings, despite any other provision of this Act.
Costs in cases transferred from one court to another
54G.—(1) Where proceedings are ordered to be transferred —(a)
from the General Division of the High Court to a State Court;
(b)
from a State Court to the General Division of the High Court; or
(c)
from one State Court to another,
the costs of the whole proceedings both before and after the transfer, subject to any order made by the court which ordered the transfer, are in the discretion of the court to which the proceedings are transferred, and that court has power to make orders with respect thereto and as to the scales on which the costs of the several parts of the proceedings are to be paid.
[5/2014; 40/2019]
(2) As regards so much of the proceedings in any action transferred from the General Division of the High Court to a State Court as takes place in the General Division of the High Court before the transfer —(a)
the costs thereof are subject to section 39; and
(b)
the powers of the General Division of the High Court under section 39(4) to make an order allowing costs on the scale of the General Division of the High Court or on the State Courts scale are, subject to any order of the General Division of the High Court, exercisable by the State Court.[5/2014; 40/2019]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
