Industrial Assets Limited v Allingham - [1953] NZLR 679

Magistrates' Court — Practics — Removal of Action into Supreme Court — Amount of Claim in Excess of £100 — Application by Defendant for Removal into Supreme Court dismissed as being Out of Time — Leave to Remove refusedj by Magistrate — Motion in Supreme Court for Removal — Court's Independent Jurisdiction — Absolute Discretion to be exercised in Light of Relevant Circumstances — Order for Removal on Terms as to Lodging of Security by Defendant — Defendant entitled to Costs of Motion — Magistrates' Courts Act, 1947, s 43 (1) (6) — Magistrates' Courts Rules, 1948, r, 179.