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FRIDAY, SEPTEMBER 9, 1977
SMALL CLAIMS TRIBUNAL (AMENDMENT) BILL
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A BILL, WHICH WILL EMPOWER AN ADJUDICATOR OF SMALL CLAIMS TRIBUNAL TO REVIEW HIS OWN DECISION AND TO SET ASIDE AN AWARD OR ORDER WHERE ONE PARTY DID NOT APPEAR AT THE HEARING, HAS BEEN PROPOSED.
THE SMALL CLAIMS TRIBUNAL (AMENDMENT) BILL 1977 PUBLISHED IN THE GOVERNMENT GAZETTE TODAY WOULD ENABLE AN ADJUDICATOR WHO HAS HEARD A CLAIM TO REVIEW HIS DICISION EITHER ON THE APPLICATION OF THE PARTIES CONCERNED OR OF HIS OWN MOTION.
A SPOKESMAN FOR THE LEGAL DEPARTMENT SAID THAT THIS POWER HAD BEEN FOUND TO BE VERY USEFUL IN THE DISTRICT COURT AND WAS HELPFUL WHERE, FOR EXAMPLE, NEW EVIDENCE MIGHT BE INTRODUCED OR WHERE EVIDENCE WAS OVERLOOKED DURING THE PROCEEDINGS.
THE OTHER AMENDMENT WOULD EMPOWER AN ADJUDICATOR TO SET ASIDE AN AWARD OR ORDER WHERE ONE PARTY DID NOT APPEAR AT THE HEARING, UPON APPLICATION BY THE ABSENT PARTY WITHIN SEVEN DAYS AFTER THE HEARING.
THE SPOKESMAN POINTED OUT THAT CASES WERE BOUND TO OCCUR WHERE A DEFENDANT IS ABSENT THROUGH NO FAULT OF HIS OWN, AND AS THE LAW STANDS, MANIFEST INJUSTICES MAY BE DONE.+
IT IS ALSO PROPOSED TO MAKE RULES OF COURT UNDER THE SMALL CLAIMS TRIBUNAL ORDINANCE TO EFFECT OTHER IMPROVEMENTS. THE PROPOSED CHANGES WILL, AMONG OTHER THINGS:
* CONFER ON AN ADJUDICATOR THE POWER TO STRIKE OUT A
PLAINTIFF'S CLAIM IN THE EVENT OF HIS NON-ATTENDANCE AT THE HEARING-
*
*
REQUIRE AN ADJUDICATOR TO INCLUDE IN HIS WRITTEN AWARD OR ORDER HIS REASONS FOR THE DECISION- AND
PRESCRIBE NEW FORMS IN CONNECTION WITH APPLICATIONS FOR REVIEW.
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