Where a counterclaim in the Local Court exceeds the jurisdictional limit and the claimant declines to amend to bring it within jurisdiction, the Local Court has no discretion to refuse transfer to the Supreme Court; insistence on proper pleadings and particulars is irrelevant to the transfer decision. The Limitation Act 1981 (NT) s 44(1) does not empower the court to extend time for applications for leave to appeal from interlocutory orders. The word 'proceeding' in the Local Court Act means a proceeding in the Local Court only.
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