|
|
|
|
|
|
|
|
|
|
|
| 1.
|
What is a "CLAIM" and who is a "CLAIMANT" or “RESPONDENT”?
|
|
A Claim is an assertion of some legal right which has been infringed upon by the other
Party.
A Party who is asserting that legal right is known as the Claimant.
For example, a shopkeeper who sues his customer for the unpaid goods will be called the Claimant.
A Party against whom a Claimant is asserting his right and has lodged a CLAIM against is known as the Respondent.
However , the term Respondent is used differently in an Appeal to the High Court against a Referee's Decision. In such an appeal, the Party who is appealing is called the Appellant, and the other party is known as the Respondent.
|
|
|
|
|
| 2.
|
What is a "CAUSE OF ACTION"?
|
|
A Cause of Action refers to the facts which give a Party a right to sue.
For example, if a shopkeeper after delivering goods to his customer does not get paid , the shopkeeper will have a Cause of Action to claim the price or balance price for the unpaid goods, provided the Claim is within the Tribunals’ jurisdiction.
|
|
|
|
|
| 3.
|
What are "DISBURSEMENTS" and "COSTS"? What am I entitled to?
|
|
Disbursements are out-of-pocket expenses incurred by the Claimant in the process of pursuing his Claim at the Tribunals, and which the Claimant may present as part of his Claim. Please note that where such disbursements are claimed it is part of the amount claimed and the amount of lodgment fee which be based on the amount claimed.
Disbursements are not granted to the Claimant as of right.
Please note that unless the Registrar or Referee otherwise orders, a successful Claimant shall not recover from the Respondent more than $10 in respect of lodgment fee paid for lodging of the Claim.
Costs are different from Disbursements. Costs are usually awarded in a Court Action, other than at the Tribunals, to a party who has successfully argued or defended his case and includes time spent in preparing the case. The Referee will only award Costs, if Referee finds that the Claim is frivolous or vexatious.
|
|
|
|
|
| 4.
|
What is a "CONSULTATION"?
|
|
A Consultation is a mandatory mediation process before the Registrar of the Small Claims Tribunals where both the Claimant and the Respondent must attend. If the Claim has been settled between parties prior to the Consultation, the parties should inform the Registrar by writing to the Tribunals before the date of Consultation, or by attending at the Tribunals to inform.
During the Consultation, the Registrar will conduct mediation in an attempt to settle the dispute between the parties. If the Registrar is successful, and a Settlement is reached, the terms of Settlement will be recorded by Consent in an Order of Tribunal. A copy of the Order of Tribunal will be given to the parties. The Order of Tribunal is to be complied by the parties. If any party is absent, an adverse Order may be made against the absent party.
|
|
|
|
|
| 5.
|
What does "JURISDICTION" mean?
|
|
The Jurisdiction of the Tribunals refers to the powers of the Tribunals provided by Legislation to deal with or hear the Claims.
The Small Claims Tribunals only has Jurisdiction to hear Claims involving disputes arising from contracts for the sale of goods or provisions of services, 2- year lease of a residential property and claims for property damage (not arising out of motor accidents). The monetary value of the claims is also limited to $10,000/- or less, unless all Parties to the proceedings agree in writing i.e. by a signed Memorandum of Consent to the Tribunals hearing a case exceeding $10,000 but not exceeding $20,000. The Tribunals cannot hear a case where the claimed or counterclaimed monetary amount exceeds $20,000/-.
However, if the amount of the Claim or Counterclaim exceeds either $10,000/- or $20,000/- as the case may be, the Claimant or Counterclaimant, in the absence of a signed Memorandum of Consent, may abandon the sum in excess of $10,000 so as to allow the Tribunals to hear the case. Once an abandonment is made, the Claimant or Counterclaimant cannot subsequently claim the amount ‘abandoned’.
For example, if there is no written agreement to exceed the Tribunals' $10,000/- monetary jurisdiction, then a Claimant may still bring his claim amounting to $12,000/- to the Small Claims Tribunals, if he only claims $10,000/- and abandons the remainder claim for $2,000. The Claimant cannot then lodge a claim for the remaining $2,000/- in another proceeding subsequently whether at the Tribunals or at any other forum. The Claimant or the Counterclaimant cannot split the claim for $12,000 by filing 2 claims – for $10,000 and $2,000 [ or in whatever proportion], so as to bring the matter within the
Tribunals.
However, where the Contract is aborted, cancelled or not carried out, the total sum of the contract becomes the sum issue, and if this sum exceeds above $10,000, the Tribunals have no jurisdiction to accept or hear such claims as the claim is outside the Tribunals jurisdiction.
If a claim is outside of the Tribunals’ jurisdiction, the Registrar or Referee can discontinue the claim.
|
|
|
|
|
|
|
|
|
