Weathertight Homes Resolution Services Act 2006

120 Transfer of proceedings from court
  • (1) If proceedings relating to a claim have been commenced in a District Court, a District Court Judge may, on the application of any party, or on the Judge's own motion, order that the proceedings be transferred to adjudication.

    (2) If proceedings relating to a claim have been commenced in the High Court, a High Court Judge may, on the application of any party or on the Judge's own motion, order that the proceedings be transferred to adjudication.

    (3) If proceedings are transferred under subsection (1) or (2), the tribunal may have regard to any notes of evidence transmitted to it by the Judge, and it is not necessary for that evidence to be given again in the adjudication unless the tribunal requires it.

    (4) An order to transfer proceedings under subsection (1) or (2) may be made only if—

    • (a) the parties to the proceedings agree to the transfer; or

    • (b) the Judge making the order believes that the transfer is in the best interests of justice.

    Compare: 2002 No 47 s 59