12
CAP. 338] Small Claims Tribunal Review of awards and orders. Leave to appeal on point of law.
[1986 Ed.
27A. (1) Except where a party has filed an application for leave to appeal and does not agree to withdraw the application, an adjudicator may, within 14 days from the date of an award or order given or made by him, review the award or order and on such review may re-open and re-hear the claim wholly or in part and may call or hear fresh evidence and may confirm, vary or reverse his previous award or order.
(2) The power conferred by subsection (1) may be exercised-
(a) by an adjudicator of his own motion, by notice in the prescribed form to all parties;
(b) on the application of a party within 7 days, by notice in the prescribed form to all other parties.
(3) The exercise of the power conferred by subsection (1) shall not operate as a bar to an appeal by a party against the award or order or against the determination of the review.
(4) On the application of a party for a review under this section, the adjudicator, having regard to the possibility of assets which may be available to satisfy an award being disposed of to the prejudice of any party, may make such order regarding payment into the tribunal, giving of security or otherwise as he may think fit.
(5) An adjudicator may transfer the hearing and consideration of a review to another adjudicator who shall have all the powers and functions he would have if he had originally heard the claim and had prepared the record of proceedings.
(Added, 67 of 1977, s. 3)
28. (1) Any party who is aggrieved by a decision of the tribunal-
(a) on any ground involving a question of law alone; or
(b) on the ground that the claim was outside the jurisdiction of the tribunal,
may apply to the High Court for leave to appeal and the High Court may grant such leave if it thinks fit. (Amended, 67 of 1977, s. 4 and 79 of 1981, s. 10)
(2) An application for leave to appeal under this section shall be-
(a) in the prescribed form, specifying the ground of the appeal and the reasons in support of such ground; and
(b) lodged with the Registrar of the Supreme Court within-
(i) 7 days after the date on which the written award or order is served on the aggrieved party; or
(ii) if within that period the aggrieved party applies to the tribunal for the reasons for the award or order, 7 days after the date on which the reasons are served on him; or (Amended, 67 of 1977, s. 4)