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302 Singapore Academy of Law Journal (2003) 222 The relevant procedural rule governing the transfer of District Court matters to the High Court is Order 89 Rule 2 of the Rules of Court, which states: Procedure on transfer from the Subordinate Courts (O. 89, r. 2) 2. —(1) Where an order is made by the High Court for the transfer of any proceedings from the Subordinate Courts to the High Court, the Registrar of the Subordinate Courts must send to the Registrar of the Supreme Court the file of the proceedings, all documents, exhibits and a certified copy of the notes of evidence (if any) of the proceedings. (2) The Registrar of the Supreme Court must give notice of the transfer to every party to the proceedings. (c) Order 4 Rule 1 223 As in the case of orders for “transfers down” from the High Court to the Family Court, once the order has been made for the ancillary matters to be transferred from the Family Court to the High Court, it may be consolidated with, ordered to be tried at the same time as, ordered to be tried in immediate succession with the ancillary matters proceedings, or an order for stay made be made. (For a discussion on Order 4 Rule 1, see Section 6.4.1 above.) 6.4.2.4 Civil suit filed in the District Court to be heard with ancillary matters pending in the High Court—Transfer up of civil suit to High Court 224 The relevant provision governing the transfer up of a civil suit filed in the District Court is Section 38 SCA, discussed in Section 6.4.2.3 above. Once again, it must be shown that there is an important question of law, test case or some other sufficient reason before the transfer up of the civil suit to the High Court will be allowed. 225 Note the High Court case of Rightrac Trading v Ong Soon Heng & Lim Kim Choon 134 , however, where Lai Siu Chiu J opined that where a party to a District Court Suit applies to transfer his claim to the High Court when his claim is $250,000 or less, he must first satisfy the court that the proceedings involve some important question of law, is a test 134 [2003] SGHC 236
15 SAcLJ Matrimonial Assets and the 3 rd Party 303 case, or for any other sufficient reason should be transferred up—but where his claim is over $250,000, he need not satisfy the court in respect of any of these factors. (It is submitted that this principle, though applicable to civil suits filed in the District Court, should not be applicable to ancillary matters proceedings in the Family Court, as this would render the Transfer Order and the Second Transfer Order nugatory.) 226 If the court must be satisfied that the proceedings involve some important question of law, is a test case, or for any other sufficient reason should be transferred up, it is submitted that strong reasons (of the kind set out in Section 6.1(a)-(d) above) why the civil suit must be heard by the court dealing with the ancillary matters proceedings would satisfy the latter requirement, in the light of the fact that ancillary matters may not be transferred from the High Court to the District court, as the originating process was a petition (see Section 6.4.2.2(a) above). 227 Paragraphs (b) and (c) of Section 6.4.2.3 above would be applicable to this scenario. 6.4.3 Civil Suits filed in the Magistrate’s Court 6.4.3.1 Ancillary matters pending in the High Court 228 It is not possible to transfer ancillary matters pending in the High Court to the Magistrate’s Court (Section 37 SCA only gives the High Court the power to transfer matters to the District Court, and not the Magistrate’s Court. In any event, only proceedings commenced by a writ of summons may be transferred down to the District Court under Section 37 SCA). Neither is it possible to transfer a Magistrate’s Court suit to the High Court. (See the case of Ong Pang Wee v Chiltern Park Development Pte Ltd, supra). Thus, in such a situation, at most, the parties may apply for one matter to be stayed until the other is heard. 6.4.3.2 Ancillary matters pending in the Family Court 229 The Transfer Order and the Second Transfer Order only gave jurisdiction to the District Court to hear divorce cases, but not the Magistrate’s Court. Therefore, it is not possible to transfer the ancillary matters pending in the Family Court to the Magistrate’s Court. Under Section 53 SCA 135 , the Magistrate’s Court may transfer matters to the 135 Section 53 (Transfer from Magistrates’ Courts to District Courts) states: A Magistrate’s Court may, either of its own motion or on the [continued next page]
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