Local Courts Act 1888 (SA)

A.D. 1888.

No. 431.

An Act to atncnd the " Local Courts Act, 1886."

[As.ra~tet?d f U, Dcc~mber &h, ~888.1

ITEREAS it is dcsirablc to imcnd the " 1,ocal Courts Act, fieamble.

1886 "-He it therefore Enacted by the Ciorcrnor of the

Province of South Aus t~dis, with the advice and consent of the Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows:

1. This Act may be cited as '' Thr Local Courts Arnendmcnt Act, Short title.

1888," and shall be iilcorporatcd a r d (exccpt so far as inconsistent

therewith) be wad and coustruccl as onc with the " Imxl Courts

Act, 1886."

previously filed i n the Court in which such action shall have bcen co~mulencrd, an affidavit by h i~rwl f or some person cognisant of thc	facts
The Local Courts Amendment Act.-1888.

2. Every defeildan t-

( U ) T%Tho objects in nlanncr provided by section l l9 of the Defendant objecting to jurisdiction shall

" Local Courts Act, 1 88 6," that an action has not been , , , Cou* in which

commenced in the propcr Court; or,	he claims action
should be commenced.

(6) Who shall apply to the Supremc Court or s Judge

thereof for a snmrmons, rule n k i, or order prohibiting a Local Court to proceed with any action on the wound that such Local Court is not the proper Court

in which such action should have been commenced- P

shall, in such objection, rule nisi, or summons for a prohibition, state the Local Court in which he claims the said action should have been commenced, and no such objcction or application shall be

entert~d, made, or entertained, unless such defendant shall have

facts of the case, stating that such defendant has s good defence to such action on the merits, irrespective of such objection, and setting out some ground of such defence.

rnaintiff m ~ ~ c o n s e n t 3.

If, upon receipt of such objection, rule nisi, or summons for a prohibition, the plaintiff slmll fokhwith give notice to the defendant and to the Court in which the action was commencecl, of his consent to the trial of the action by the Local Court set forth in such objection, rule nisi, or summdns, the said action, and all proceedings in respect thereof, shall be transferred to the Local Court set forth in such objection, rule nisi, or summons.

to transfer of action.

Local Court or

Supreme Court finally 4. If the plaintiff shall not give such notice and consent, then

to determine proper the Court in which such action was commenced, or in case the

C o u t t o t r ~ a~tioll. Supreme Court or a Judge thercof shall have granted a rule nisi or summons, thcn the Supreme Court, or a Judge thereof, shall finally determine such objection, rule nisi, or summons respectively, and, unless such objection, rule nisi, or summons shall be sustained, the action shall proceed in the Local Court in which the same com- menced.

Action to be	5. If	such objection, rnle ?zisi, or summons shall be sustained,
transferred if

objection sustaincd. the Local Court hearing such objection, or the Suprcmc Court or Judge by whom such rule, summons, or order may be granted, shall order the said action and all proceedings in respect thereof to be transferred to the Local Court set forth In such objection, rule nisi, or summom.

Procedure after 6,

The Court, to which any action. shall be transferred pursuant to this Act, shall have jurisdiction to proceed with and to hear and determine such action in like manner as if such action had originally been commenced in such Court, and where an appearance

transfer of action.

has been entered, as if such apycarance bad been entered thcrein 011

thc day on which such proccedirrgs were transferrcd.

Where action may he

commenced.	7. Any action of contract may be commenced either in any Court provided by scction 119 of the Local Courts Act, 1886," or, in the option of the plaintiff, in the Court having jurisdiction to the amount claimed nearest to where the plaintiff if a party to the original contract, and if not, thcn where the party to the original contract in whosc right plaintiff claims, carried on business at the time of the mnkiiy of the contract, or if such plaintiff or party shall not have carried on any business at such timc in the
Court having jurisdiction to the amount chimed nearest to where
such plaintiff' or party dwelt at such time.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

WM. C. F. ROBINSON, Governor,

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By Authority : H. F. LEADER, Government Printer, North-terrace, Adelaide,