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The court granted a motion to transfer a property damage claim from Small Claims Court to Superior Court due to increased damages, preserving limitation period defenses.
The applicants sought to transfer their Small Claims Court action to the Superior Court under simplified procedure and amend their pleadings to reflect significantly increased damages discovered after the initial claim.
The respondents opposed, arguing the new damages were discoverable earlier and allowing the amendment would circumvent limitation periods.
The court granted the transfer to Superior Court, allowing amendment, but preserved the respondents' right to challenge claims falling outside the limitation period.
