New South Wales Consolidated Acts

CIVIL PROCEDURE ACT 2005 - SECT 148

148 Proceedings after transfer

(cf Act No 11 1970, section 21G)

(1) Subject to the rules of court applicable in the lower court, any proceedings with respect to which a transfer order takes effect continue in the lower court--

(a) as if the proceedings had been duly commenced in the lower court on the date on which they were commenced in the higher court, and

(b) as if any cross-claim in the proceedings had been duly made in the lower court on the date on which it was made in the higher court.

(2) For the purposes of any proceedings continued in the lower court, any admission duly made in the higher court is to be treated as if it had been duly made in the lower court.

(3) Subject to the rules of court applicable in the lower court, the power of the lower court to make orders as to costs includes a power to make orders with respect to the costs of--

(a) the application for, and the making of, the transfer order, and

(b) any step taken in the proceedings before the transfer order was made.