On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 15/12/1998.
PART II
ESTABLISHMENT AND JURISDICTION OF TRIBUNALS
3. The President may, under section 4 of the Subordinate Courts Act, constitute one or more Small Claims Tribunals as he thinks fit to exercise the jurisdiction in respect of claims created by this Act.
4.
—(1) A tribunal shall be presided over by a Referee appointed by the President on the recommendation of the Chief Justice.
(2) No person shall be appointed to be a Referee unless he is a qualified person within the meaning of the Legal Profession Act (Cap. 161).
(3) Every person appointed to be a Referee shall hold office for such term as may be specified in the instrument of his appointment, and may from time to time be reappointed.
(4) Any appointment of a Referee made under subsection (1) may at any time be revoked by the President on the recommendation of the Chief Justice.
5.
—(1) Subject to the provisions of this Act, a tribunal shall have jurisdiction to hear and determine —
(a)
any claim relating to a dispute arising from any contract for the sale of goods or the provision of services; and
(b)
any claim in tort in respect of damage caused to any property.
[17/95]
(2) The jurisdiction of a tribunal shall not extend to a claim —
(a)
in respect of damage caused to any property by an accident arising out of or in connection with the use of a motor vehicle; or
(b)
which the subordinate courts have no jurisdiction to hear and determine.
[17/95]
(3) Except where this Act expressly provides otherwise, the jurisdiction of a tribunal shall not extend to a claim —
(a)
which exceeds the prescribed limit; or
(b)
after the expiration of one year from the date on which the cause of action accrued.
[17/95]
(4) A tribunal shall, subject to subsections (1) and (2), have jurisdiction to hear and determine any claim the value of which exceeds the prescribed limit but does not exceed $20,000 or such other sum as the Minister may, after consultation with the Chief Justice, by order published in the Gazette, substitute therefor, if the parties to the claim so agree by a memorandum signed by them.
[17/95; S321/97]
(5) Where a tribunal is of the opinion that a claim lodged with it pursuant to section 15(1) is beyond its jurisdiction, the tribunal shall discontinue the proceedings and advise the claimant and respondent accordingly.
[17/95]
6.
—(1) Where a claim has been lodged with a tribunal, no proceedings relating to that claim shall be brought before any other court except —
(a)
where the proceedings before that court were commenced before the claim was lodged with the tribunal; or
(b)
where the claim before the tribunal has been withdrawn or abandoned.
(2) No claim shall be brought before a tribunal if proceedings relating to that claim are pending in or have been heard and determined by any other court.
(3) For the purposes of this section, a claim shall be deemed to have been lodged with a tribunal when section 15 has been complied with.
7. Notwithstanding section 5, a tribunal may, at any time if it is of the opinion that a claim ought to be dealt with by any other court, transfer the proceedings to that court whereupon the practice and procedure of that court shall apply.
8. No claim shall be split or divided and pursued in separate proceedings before a tribunal for the sole purpose of bringing the sum claimed in each of such proceedings within the jurisdiction of a tribunal.
9.
—(1) Where the value of a claim exceeds the prescribed limit and no agreement is reached between the parties thereto as to an extension of the jurisdiction of the tribunal under section 5(4), the claimant may abandon the excess, and thereupon the tribunal shall have jurisdiction to hear and determine the claim.
[17/95]
(2) Where the tribunal has jurisdiction to hear and determine a claim by virtue of subsection (1), an order of the tribunal under this Act in relation to that claim shall be in full discharge of all demands in respect thereof.
[17/95]
10.
—(1) Where any counterclaim or any set-off and counterclaim in proceedings before a tribunal is a monetary claim which is not within the jurisdiction of the tribunal, any party in those proceedings may apply to an appropriate court, within such time as may be prescribed by the rules of that court, for an order that the whole proceedings, or the proceedings on the counterclaim or set-off and counterclaim, be transferred to that court.
(2) On any such application, the court may order —
(a)
that the whole proceedings be transferred to that court;
(b)
that the whole proceedings be heard before a tribunal; or
(c)
that the proceedings on the counterclaim or set-off and counterclaim be transferred to that court and that the claim by the claimant and the defence thereto other than the set-off, if any, be heard before a tribunal.
(3) Where an order is made under subsection (2)(c) and judgment on the claim is given for the claimant, execution thereon shall, unless the court at any time otherwise orders, be stayed until the proceedings transferred to that court have been concluded.
(4) Where no application is made under subsection (1) or where on such an application it is ordered that the whole proceedings be heard before a tribunal, the tribunal shall have jurisdiction to hear the proceedings notwithstanding any other provisions of this Act.
11.
—(1) Where any proceedings on a claim or counterclaim or set-off and counterclaim are transferred under section 7 or 10 from a tribunal to another court, the costs of the proceedings both before and after the transfer shall, subject to any order of the tribunal made in relation to any proceedings before the transfer, be in the discretion of the court to which the proceedings are transferred.
(2) The court referred to in subsection (1) may make orders with respect thereto and as to the scales on which the costs of the proceedings are to be taxed; and the costs of the whole proceedings shall be taxed in the court.
12.
—(1) The primary function of a tribunal is to attempt to bring the parties to a dispute to an agreed settlement.
(2) Where an agreed settlement is reached, a tribunal may make one or more of the orders which it is empowered to make under section 35.
(3) If it appears to a tribunal that it is impossible to reach a settlement under subsection (1) within a reasonable time, the tribunal shall proceed to determine the dispute.
(4) A tribunal shall determine the dispute according to the substantial merits and justice of the case, and in doing so shall have regard to the law but shall not be bound to give effect to strict legal forms or technicalities.
13.
—(1) There shall be established and maintained a Registry of Small Claims Tribunals in which all records of the tribunals shall be kept.
(2) The record of a tribunal shall consist of —
(a)
claims lodged with the tribunal by claimants;
(b)
summaries of the facts of the issues in dispute in respect of those claims as determined and recorded by the tribunal during the hearing of the claims; and
(c)
orders made by the tribunal in relation to those claims.
(3) Any party to the claim shall, upon payment of a prescribed fee, be entitled to a copy of the record of a tribunal and such record shall be admissible in evidence before any other court for the purposes of any proceedings before that court.
(4) The record of a tribunal relating to any claim shall be kept for a period of one year after the date of the order made by the tribunal in relation to the claim or, where there is an appeal against the order to the High Court, one year after the conclusion of the appeal.
[31/92]
14.
—(1) The Chief Justice may appoint a Registrar, a Deputy Registrar, Assistant Registrars and such other officers as may be necessary for the proper functioning of tribunals.
(2) All the powers and duties conferred and imposed on the Registrar may be exercised and performed by the Deputy Registrar or an Assistant Registrar.
15.
—(1) Proceedings before a tribunal shall be commenced by lodging a claim with the Registrar.
(2) A claim shall be in writing in the prescribed form and shall be signed by the claimant.
(3) The Registrar may permit a claim to be made orally and cause it to be reduced to writing.
(4) After the claim has been reduced to writing, it shall be read over and explained to the claimant and, if confirmed correct by the claimant, shall be signed by the claimant and a copy thereof shall be given to him.
(5) In any joint or representative claim —
(a)
the Registrar may permit the claim to be filed notwithstanding that it has not been signed by all the claimants or persons represented on condition that all the claimants or such persons shall do so before the date of hearing; and
(b)
the name of a claimant or person represented who has not so signed the claim before the hearing may, if a tribunal so directs, be deleted from the claim and the amount of the claim reduced accordingly.
(6) The Registrar may, in accordance with the rules, permit a claim to be lodged by electronic facsimile or any other prescribed electronic means.
[17/95]
16. A claim shall contain —
(a)
the name and address of each claimant and, in the case of a representative claim, the name and address of each person represented;
(b)
the name and address of each respondent;
(c)
the sum of money claimed by each claimant or person represented; and
(d)
such other particulars of the claim as are reasonably sufficient to inform the respondent of the ground for the claim and the manner in which the amount claimed by each claimant or person represented has been calculated.
17.
—(1) The Registrar shall, when a claim has been filed, invite all the parties to the dispute for consultation with a view to effecting a settlement acceptable to all the parties.
[31/92]
(2) Where such a settlement is made, the Registrar shall, at the request of the claimant, make an order under section 35 that gives effect to the terms of the settlement and the order shall have effect as if it were an order of a tribunal made under that section.
(3) Where at the consultation the Registrar is of the opinion that a claim or counterclaim lodged is outside the jurisdiction of a tribunal, he shall discontinue the proceedings and advise the claimant and respondent accordingly.
[31/92]
(4) Any person aggrieved by a decision of the Registrar made under subsection (3) may within one month appeal to a tribunal which may make an order confirming, reversing or varying the decision of the Registrar.
[31/92]
(5) If a claimant fails to appear at the consultation, by himself or by a representative pursuant to section 23(2), the Registrar may make an order dismissing the claim or, where there is a counterclaim by the respondent, make any order which a tribunal may make under section 35.
[31/92]
(6) If a respondent fails to appear at the consultation, by himself or by a representative pursuant to section 23(2), the claimant may apply to the Registrar for any order which a tribunal may make under section 35 to be made against the respondent.
[31/92]
(7) Upon an application under subsection (6), the Registrar shall grant the claimant the order if the Registrar is satisfied that the claimant is entitled thereto and that a copy of the written claim and notice of consultation have been served on the respondent.
[31/92]
(8) Any order made by the Registrar under subsection (5) or (7) shall have effect as if it were an order of a tribunal made under section 35.
[31/92]
(9) Any person aggrieved by an order of the Registrar made under subsection (5), (6) or (7) may apply to the Registrar for the order to be set aside.
[2/98]
(10) An application made under subsection (9) shall be made within one month after the consultation or such further period as the Registrar may allow.
[2/98]
18.
—(1) The Registrar may, on such conditions as he may impose, permit the consultation to be conducted by telephone, videophone or any other electronic means (referred to in this section as electronic means).
[2/98]
(2) The Registrar may at any time direct any consultation by electronic means to cease and order the parties to appear in person at a designated place for the consultation.
[2/98]
(3) Any order made by the Registrar at the consultation by electronic means may be set aside on the application of any person aggrieved by that order if the Registrar is satisfied that either party has been impersonated or that any person who participated in the consultation did not have authority to represent the party concerned.
[2/98]
(4) An application made under subsection (3) shall be made within one month after the order was made or such further period as the Registrar may allow.
[17A
[2/98]
19.
—(1) Where the Registrar is unable to achieve a settlement acceptable to all the parties to the dispute, he shall —
(a)
fix a place and date for hearing the claim and give notice thereof in the prescribed form to the claimant; and
(b)
as soon as is reasonably practicable, cause a copy of the written claim and a notice in the prescribed form of the place and date of hearing to be served on —
(i)
the respondent; and
(ii)
every person who appears from the claim form to have a sufficient interest in the settlement of the dispute to which the claim relates.
(2) The Registrar may summon any person to appear before a tribunal if, in his opinion, the presence of the person is necessary to enable the tribunal to determine the questions in dispute in the claim.
(3) Service of a copy of the written claim and the notice of hearing and of a summons or any document that is to be served on any person in any proceedings before a tribunal may be effected by such person as may be appointed by the Registrar for the purpose.
[18
20.
—(1) The Registrar may, on such conditions as he may impose, permit a respondent, at any time before an order on the claim has been made by the Registrar or the tribunal, to admit the claim against him orally by telephone.
[2/98]
(2) The Registrar may accept any admission to the claim in writing by the respondent if such admission is received before any order on the claim had been made by the Registrar or the tribunal.
[2/98]
(3) The Registrar may, in his discretion, reject an admission purportedly made under subsection (1) or (2) and direct the respondent to appear in person at the consultation or before a tribunal.
[2/98]
(4) If the Registrar is satisfied that an admission under subsection (1) or (2) is in order, the Registrar may make an order under section 35 against the respondent and the order shall have effect as if it were an order of a tribunal under that section.
[2/98]
(5) Any order made by the Registrar under subsection (4) may be set aside on the application of the respondent if the Registrar is satisfied that the admission was not made by the respondent or with the respondent’s authority.
[2/98]
(6) An application under subsection (5) shall be made within one month after the date of the order or such further period as the Registrar may allow.
[18A
[2/98]
21.
—(1) Subject to subsection (2), the claimant and the respondent and every person to whom notice of a claim has been given under section 19(1)(b) shall be parties to the proceedings on that claim.
(2) A tribunal may, at any time, order that the name of a person who appears to it to have been improperly joined as a party be struck out from the proceedings.
[19
22.
—(1) Proceedings before a tribunal shall be conducted in an informal manner.
(2) A tribunal may, of its own motion or at the request of any party, summon any witness and require the production of any document, record, book of account or other thing, which is relevant in any proceedings.
(3) A tribunal shall inquire into any matter which it may consider relevant to a claim, whether or not it has been raised by a party.
[20
23.
—(1) Subject to this section, a party to proceedings before a tribunal shall present his own case.
(2) Subject to subsection (3), where a party to proceedings before a tribunal is —
(a)
the Government, a public officer may present the case on its behalf;
(b)
a Town Council established under the Town Councils Act (Cap. 329A), one of the full-time employees of the Town Council or of its management agent may present the case on its behalf;
(c)
a body corporate, one of its full-time employees may present the case on its behalf;
(d)
a partnership, one of its partners or full-time employees may present the case on its behalf;
(e)
a management corporation under the Land Titles (Strata) Act (Cap. 158), a member of its council or a full-time employee of its managing agent may present the case on its behalf;
(fg)
a minor and is, in the opinion of the Registrar or tribunal, unable to present his own case, his parent or guardian or any other person as may be approved by the Registrar or tribunal may present the case on his behalf;
(gh)
a person who is not resident in Singapore and who is unable to remain in Singapore until the hearing of the case, any other person who is duly authorised by him in writing may, with the approval of the Registrar or tribunal, present the case on his behalf; and
(hi)
a person who is, in the opinion of the Registrar or tribunal, unable to present his own case by reason of old age, illiteracy or infirmity of mind or body, any other person who is duly authorised by him in writing or who is approved by the Registrar or tribunal may present the case on his behalf.
[31/92; 17/95]
(3) No party to any proceedings before a tribunal shall be represented by an advocate and solicitor or, except as provided by subsection (2), an agent, whether paid or otherwise.
[17/95]
(4) A tribunal shall, before permitting a person to act as a representative under subsection (2), satisfy itself that the person has sufficient knowledge of the case and sufficient authority to bind the party whom he represents.
[21
25.
—(1) A tribunal may, on such conditions as it may impose, permit proceedings before the tribunal to be conducted by telephone, videophone or any other electronic means (referred to in this section as electronic means).
[2/98]
(2) The tribunal may at any time direct any proceedings before it conducted by electronic means to cease and order the parties to appear in person at a designated place for the hearing.
[2/98]
(3) Any order made by the tribunal at the proceedings before it by electronic means may be set aside on the application of a person aggrieved by that order if the tribunal is satisfied that either party has been impersonated or that any person who participated in the hearing did not have authority to represent the party concerned.
[2/98]
(4) An application made under subsection (3) shall be made within one month after the order was made or such further period as the tribunal may allow.
[22A
[2/98]
26.
—(1) Where 2 or more claims are file and it appears to a tribunal that —
(a)
a common question of fact or law arises in both or all of them;
(b)
the claims arose out of the same cause of action; or
(c)
it would be in the interests of justice,
the tribunal may order that such claims be heard at the same time.
(2) The power conferred by this secton may be exercised by a tribunal notwithstanding that the hearing of one or more the claims has begun.
[23
27.
—(1) Subject to subsection (2), if 2 or more persons have claims against the same respondent, such claims may be brought in the name of one of such persons as the representative of some or all of them.
(2) A tribunal may, if at any stage of the proceedings it considers that a representative claim may prejudice the respondent, order that the claims of all or any of the persons represented be heard separately.
(3) Each person represented in a representative claim shall be deemed to have authorised the representative on his behalf to —
(a)
call and give evidence and make submissions to a tribunal on any matter arising during the hearing of the claim;
(b)
file affidavits, statements or other documents;
(c)
agree to an adjournment or change of venue;
(d)
agree to a settlement of the claim on such terms as he thinks fit;
(e)
amend or abandon the claim; and
(f)
act generally in as full and free a manner as such claimant may act on his own behalf.
(4) The authority deemed to be given to a representative by subsection (3) shall not be withdrawn except by leave of the tribunal.
(5) A tribunal may, at any time before determining any claim, grant leave to any person to join in the claim as a person represented on such terms as it may think fit.
[24
28.
—(1) A tribunal shall not be bound by the rules of evidence but may inform itself on any matter in such manner as it thinks fit.
(2) Evidence tendered to a tribunal by or on behalf of a party to any proceedings need not be given on oath but the tribunal may, at any stage of the proceedings, require that such evidence or any part thereof be given on oath whether orally or in writing.
(3) A tribunal may, on its own initiative, seek and receive such other evidence and make such other investigations and inquiries as it thinks fit.
(4) All evidence and information received and ascertained by the tribunal under subsection (3) shall be disclosed to every party.
(5) For the purposes of subsection (2), a Referee of a tribunal is empowered to administer an oath.
(6) A Referee may require any written evidence given in the proceedings before a tribunal to be verified by statutory declaration.
(7) A Referee is not required to keep a record of the evidence given in any proceedings before a tribunal but shall make —
(a)
a summary for the purposes of section 13(2); and
(b)
notes of the proceedings.
[25
29.
—(1) If a respondent fails to appear at the hearing, by himself or by a representative pursuant to section 23(2), the claimant may apply to the tribunal for an order to be made against the respondent.
(2) Upon application made by the claimant under subsection (1), the tribunal shall grant him the order if it is satisfied that he is entitled thereto.
(3) An order shall not be made against a respondent under this section unless the tribunal is satisfied that a copy of the written claim and the notice of hearing have been served on the respondent under section 19.
[26
30. Subject to this Act and to the rules, a tribunal shall have control of its own procedure in the hearing of claims and, in the exercise of that control, shall have regard to the principles of natural justice.
[27
31. Except as provided in section 32, costs, other than disbursements, shall not be granted to or awarded against any party to any proceedings before a tribunal or the Registrar.
[28
[31/92]
32. A tribunal may at any time dismiss a claim which it considers to be frivolous or vexatious on such terms as to costs as it thinks fit.
[29
33. A tribunal may at any time, either of its own motion or on the application of any party, adjourn the hearing of proceedings on a claim on such terms as it thinks fit.
[30
34. A claimant may at any time withdraw his claim whether or not a tribunal has heard the claim.
[31
35.
—(1) A tribunal may, as regards any claim within its jurisdiction, make one or more of the following orders and may include therein such stipulations and conditions (whether as to the time for, or mode of, compliance or otherwise) as it thinks fit:
(a)
the tribunal may order a party to the proceedings to pay money to another party;
(b)
the tribunal may make a work order against any party to the proceedings;
(c)
the tribunal may make an order requiring a party to the proceedings to do anything referred to in paragraph (b) within such time as may be specified in the order and, in default of his complying with that order, to pay money to a person specified in the order;
(d)
the tribunal may make an order dismissing the claim to which the proceedings relate; and
(e)
the tribunal may make such ancillary orders as may be necessary to give effect to any order made by the tribunal.
(2) The following provisions shall apply to an order made under subsection (1):
(a)
an order made under subsection (1)(a) shall not require payment of money exceeding —
(i)
the prescribed limit; or
(ii)
where the claim has been heard and determined by the tribunal pursuant to an agreement between the parties thereto under section 5(4), the value of the claim;
(b)
the value of the work required to be performed by the order shall not exceed —
(i)
the prescribed limit; or
(ii)
where the claim has been heard and determined by the tribunal pursuant to an agreement between the parties thereto under section 5(4), the value of the claim; and
(c)
the order may provide that, in default of compliance with the order within the time specified in it, the claimant may have the work needed to rectify the defect done by a competent person.
[17/95]
(3) The Registrar shall arrange for a copy of an order made under subsection (1) to be served on the person against whom it is made as soon as practicable.
[32
36.
—(1) Every order made by a tribunal or the Registrar requiring a party to pay money shall be deemed to be an order of a Magistrate’s Court and, subject to this section, may be enforced accordingly.
[31/92]
(2) Where application is made to a Magistrate’s Court for the issue of any process to enforce an order provided for by section 35(1)(c) (requiring a party to pay money to another as an alternative to compliance with a work order), the Registrar shall give notice of the application to the party against whom enforcement is sought.
(3) If that party does not file in the tribunal within the period prescribed for so doing a notice of objection in the prescribed form, the order may, after the expiry of that period, be enforced pursuant to subsection (1).
(4) The notice referred to in subsection (3) may only be given on the ground that it is the belief of the party that the order of the tribunal or the Registrar has been fully complied with and that the party therefore disputes the entitlement of the applicant to enforce it.
[31/92]
(5) If the party against whom enforcement is sought files the notice referred to in subsection (3) within the prescribed period, the Registrar shall refer the matter to the tribunal to be heard and determined under section 37(3).
(6) No filing fee shall be payable by a person who seeks to enforce an order pursuant to subsection (1) but any fee which would otherwise be payable therefor shall be included in and be deemed as part of the award of the tribunal and shall be recoverable from the opposite party for the credit of the Consolidated Fund.
[33
37.
—(1) Where —
(a)
a party in whose favour a work order has been made considers that the work order has not been complied with by the other party; and
(b)
that other party has not complied with the alternative money order provided for by section 35(1)(c),
the party in whose favour the work order was made may, instead of applying to a Magistrate’s Court for the issue of a process for enforcement pursuant to section 36(1), lodge with the tribunal a request in the prescribed form that the work order be enforced.
(2) Subsequent proceedings shall be taken on a request for enforcement under subsection (1) and on notice under section 36(5) as if such request or notice were a claim lodged under section 15.
(3) Upon the hearing of the matter, the tribunal may —
(a)
vary the work order, or make a further work order or any other order which is authorised by section 35;
(b)
grant leave to the party in whose favour the work order was made to enforce the alternative money order provided for by section 35 or so much thereof as the tribunal may allow, and either subject to or without compliance with section 36(2); or
(c)
discharge any order previously made by the tribunal.
(4) After the expiration of 12 months from the date of a work order, it shall not be enforced without the leave of the tribunal.
[34