1964_SMALL_CLAIMS_TRIBUNAL_ORDINANCE — Page 16

1986 Ed.]

Small Claims Tribunal

[CAP. 338

15

(c) where an award is made against the defendant in his

absence.

(3) An award shall carry interest at the rate specified in subsection (4) on the aggregate amount thereof, or on such part thereof as for the time being remains unsatisfied, from the date of the award until satisfaction. (Added, 14 of 1986, s. 10)

(4) The rate of interest specified for the purposes of subsec- tions (1) and (3) shall be the rate fixed by the Chief Justice by notice in the Gazette under section 50 of the District Court Ordinance. (Added, 14 of 1986, s. 10)

34. (1) In a joint or representative claim the amount of an award shall be paid into the tribunal and there shall be allocated to the parties to the claim the sum of money claimed by each claimant or person represented.

(2) When money is paid into the tribunal by a defendant, in full or part discharge of an award made against him in a joint or representative claim, the defendant shall be deemed to have satisfied. his liability under the award to the extent of the amount so paid and shall not be liable to any claimant as to the manner in which such money is allocated by the tribunal.

35. (1) Any person on whom a summons under section 16 has been served who-

(a) refuses or neglects, without sufficient cause, to appear or produce any documents required by the summons to be produced; or

(b) refuses to be sworn or give evidence,

shall forfeit such fine not exceeding $1,000 as the adjudicator may direct.

(2) A person to whom subsection (1) applies shall not forfeit a fine under that subsection unless there has been paid or tendered to him at the time of service of the summons a reasonable sum in respect of his expenses including any loss of salary or wages.

(3) Any person present before the tribunal who is required to give evidence but refuses to be sworn or to give evidence shall forfeit a fine in accordance with subsection (1).

(4) An adjudicator may, in his discretion, direct that the whole or any part of any such fine shall, after deducting the costs, be applied towards indemnifying the party injured by the refusal or neglect but without prejudice to the right of the party so injured to institute civil proceedings in respect of the injury.

36. The Chief Justice may make rules- (a) regulating the procedure for-

(i) applying for leave to appeal, and the hearing of such applications, under sections 28 and 29A;

(ii) the hearing of appeals under sections 29 and 29B; (Amended, 79 of 1981, s. 10)

(Cap. 336.)

Payment

of award.

Penalty for neglect of witness summons. 1959 c. 22, s. 84.

Chief Justice may make rules.