Section 10
Jurisdiction as to counterclaim
(1)
Where any counterclaim or any set-off and counterclaim in proceedings in a tribunal is a monetary claim which is not within the jurisdiction of the tribunal, the tribunal shall order that the whole proceedings or the proceedings on the counterclaim or set-off and counterclaim be transferred to an appropriate court of competent jurisdiction.
(2)
Where an order is made under subsection (1) and judgment on the claim is given for the claimant, execution thereon shall, unless the tribunal otherwise orders, be stayed until the proceedings transferred to that other court have been determined.
(3)
Where a defendant has a counterclaim or set-off and counterclaim which exceeds the monetary jurisdiction of the tribunal and which, but for the excess, would be within its jurisdiction, the defendant may abandon the excess and thereupon the tribunal shall have jurisdiction to hear and determine the counterclaim or set-off and counterclaim but that the defendant shall not recover in the counterclaim or set-off and counterclaim an amount exceeding the monetary jurisdiction of the tribunal.
Small Claims Tribunals 12
(4)
Where a tribunal has jurisdiction to hear and determine a counterclaim or set-off and counterclaim by virtue of this section, the award of the tribunal on the counterclaim or set-off and counterclaim shall be in full discharge of all demands in respect thereof, and judgment is deemed to be entered accordingly.