QUESTION:
My client has a dispute with a customer so raised a small claims tribunal action within the $30,000 limit. The customer has counter-claimed for $50,000 which, being outside small claims, I presume now becomes a civil matter action. Can our client continue his action with small claims to obtain a judgment?
The Small Claims Tribunal is now called the Disputes Tribunal and is governed by the Disputes Tribunals Act 1988.
As I understand it, any counterclaim exceeding $30,000 by the Respondent in an existing Disputes Tribunal proceeding against the Respondent must be brought in the District Court (the Disputes Tribunal is a division of the District Court), along with an application to transfer the existing Disputes Tribunal proceedings brought by the other party to the District Court so that both related disputes can be heard together.
