Defences or counterclaims in the Court and transfers from the Court
58 Defences or counterclaims in the Court and transfers from the Court
Where in an action before the Court any defence or counterclaim of the defendant involves matters beyond the jurisdiction of the Court, that defence or counterclaim does not affect the competence of the Court to dispose of the whole matter in controversy, so far as it relates to the demand of the plaintiff and the defence thereto, but no relief exceeding that which the Court has jurisdiction to administer shall, subject to section 51, be given to the defendant upon that counter claim.
In any action to which subsection (1) applies a judge of the Supreme Court may, if he thinks fit, on the application of any party, order on such terms and conditions as he thinks fit, that the whole action be transferred to the Supreme Court.
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