1964_SMALL_CLAIMS_TRIBUNAL_ORDINANCE — Page 7

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6

Jurisdiction as to counterclaim.

Costs in transferred cases.

CAP. 338]

Small Claims Tribunal

[1986 Ed.

10. (1) Where any counterclaim or set-off and counterclaim in proceedings in the tribunal is a monetary claim which is not within the jurisdiction of the tribunal, the tribunal shall order that the proceedings on the counterclaim or set-off and counterclaim be transferred to the District Court or the High Court. (Amended, 92 of 1975, s. 59)

(2) Where an order is made under subsection (1) and judgment on the claim is given for the claimant, execution thereon shall, unless the tribunal otherwise orders, be stayed until the proceedings transferred to the District Court or the High Court have been determined. (Amended, 92 of 1975, s. 59)

(3) Where a defendant has a counterclaim or set-off and counterclaim for more than $8,000 which, if it were not for more than $8,000, would be within the jurisdiction of the tribunal, the defendant may abandon the excess and thereupon the tribunal shall have jurisdiction to hear and determine the counterclaim or set-off and counterclaim, so, however, that the defendant shall not recover in the counterclaim or set-off and counterclaim an amount exceeding $8,000. (Amended, 79 of 1981, s. 2 and 14 of 1986, s. 5)

(4) Where a tribunal has jurisdiction to hear and determine a counterclaim or set-off and counterclaim by virtue of this section, the award of the tribunal on the counterclaim or set-off and counterclaim shall be in full discharge of all demands in respect thereof, and judgment shall be deemed to be entered accordingly.

11. Where any proceedings on a claim or counterclaim or set-off and counterclaim are transferred under section 7 or section 10 from the tribunal to the District Court or the High Court, the costs of the proceedings both before and after the transfer shall, subject to any order of the tribunal, be in the discretion of the court to which the proceedings are transferred, and that court 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 that court. (Amended, 92 of 1975, s. 59)

Filing claims.

PART IV

COMMENCEMENT OF PROCEEDINGS

12. (1) A proceeding in the tribunal shall be commenced by filing a claim with the registrar.

(2) Subject to subsection (3), a claim shall be in writing in the prescribed form, in either the English or Chinese language, and shall be signed by or on behalf of the claimant. (Amended, 14 of 1986, s. 6)

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6 Jurisdiction as to counterclaim. Costs in transferred cases. CAP. 338] Small Claims Tribunal [1986 Ed. 10. (1) Where any counterclaim or set-off and counterclaim in proceedings in the tribunal is a monetary claim which is not within the jurisdiction of the tribunal, the tribunal shall order that the proceedings on the counterclaim or set-off and counterclaim be transferred to the District Court or the High Court. (Amended, 92 of 1975, s. 59) (2) Where an order is made under subsection (1) and judgment on the claim is given for the claimant, execution thereon shall, unless the tribunal otherwise orders, be stayed until the proceedings transferred to the District Court or the High Court have been determined. (Amended, 92 of 1975, s. 59) (3) Where a defendant has a counterclaim or set-off and counterclaim for more than $8,000 which, if it were not for more than $8,000, would be within the jurisdiction of the tribunal, the defendant may abandon the excess and thereupon the tribunal shall have jurisdiction to hear and determine the counterclaim or set-off and counterclaim, so, however, that the defendant shall not recover in the counterclaim or set-off and counterclaim an amount exceeding $8,000. (Amended, 79 of 1981, s. 2 and 14 of 1986, s. 5) (4) Where a tribunal has jurisdiction to hear and determine a counterclaim or set-off and counterclaim by virtue of this section, the award of the tribunal on the counterclaim or set-off and counterclaim shall be in full discharge of all demands in respect thereof, and judgment shall be deemed to be entered accordingly. 11. Where any proceedings on a claim or counterclaim or set-off and counterclaim are transferred under section 7 or section 10 from the tribunal to the District Court or the High Court, the costs of the proceedings both before and after the transfer shall, subject to any order of the tribunal, be in the discretion of the court to which the proceedings are transferred, and that court 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 that court. (Amended, 92 of 1975, s. 59) Filing claims. PART IV COMMENCEMENT OF PROCEEDINGS 12. (1) A proceeding in the tribunal shall be commenced by filing a claim with the registrar. (2) Subject to subsection (3), a claim shall be in writing in the prescribed form, in either the English or Chinese language, and shall be signed by or on behalf of the claimant. (Amended, 14 of 1986, s. 6)
Baseline (Original)
6 Jurisdiction as to counterclaim. Costs in transferred cases. CAP. 338] Small Claims Tribunal [1986 Ed. 10. (1) Where any counterclaim or set-off and counterclaim in proceedings in the tribunal is a monetary claim which is not within the jurisdiction of the tribunal, the tribunal shall order that the proceedings on the counterclaim or set-off and counterclaim be transferred to the District Court or the High Court. (Amended, 92 of 1975, s. 59) (2) Where an order is made under subsection (1) and judgment on the claim is given for the claimant, execution thereon shall, unless the tribunal otherwise orders, be stayed until the proceedings transferred to the District Court or the High Court have been determined. (Amended, 92 of 1975, s. 59) (3) Where a defendant has a counterclaim or set-off and counterclaim for-more-than- $8,000 which, if it were not-for-more- -than-$8,000, would be within the jurisdiction of the tribunal, the defendant may abandon the excess and thereupon the tribunal shall have jurisdiction to hear and determine the counterclaim or set-off and counterclaim, so, however, that the defendant shall not recover in the counterclaim or set-off and counterclaim an amount exceed- ing $8,000- (Amended, 79 of 1981, s. 2 and 14 of 1986, s. 5) (4) Where a tribunal has jurisdiction to hear and determine a counterclaim or set-off and counterclaim by virtue of this section, the award of the tribunal on the counterclaim or set-off and counterclaim shall be in full discharge of all demands in respect thereof, and judgment shall be deemed to be entered accordingly. 11. Where any proceedings on a claim or counterclaim or set-off and counterclaim are transferred under section 7 or section 10 from the tribunal to the District Court or the High Court, the costs of the proceedings both before and after the transfer shall, subject to any order of the tribunal, be in the discretion of the court to which the proceedings are transferred, and that court 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 that court. (Amended, 92 of 1975, s. 59) Filing claims. PART IV COMMENCEMENT OF PROCEEDINGS 12. (1) A proceeding in the tribunal shall be commenced by filing a claim with the registrar. (2) Subject to subsection (3), a claim shall be in writing in the prescribed form, in either the English or Chinese language, and shall be signed by or on behalf of the claimant. (Amended, 14 of 1986, s. 6)
2026-05-05 12:59:40 · Baseline
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6

Jurisdiction as to counterclaim.

Costs in transferred

cases.

CAP. 338]

Small Claims Tribunal

[1986 Ed.

10. (1) Where any counterclaim or set-off and counterclaim in proceedings in the tribunal is a monetary claim which is not within the jurisdiction of the tribunal, the tribunal shall order that the proceedings on the counterclaim or set-off and counterclaim be transferred to the District Court or the High Court. (Amended, 92 of 1975, s. 59)

(2) Where an order is made under subsection (1) and judgment on the claim is given for the claimant, execution thereon shall, unless the tribunal otherwise orders, be stayed until the proceedings transferred to the District Court or the High Court have been determined. (Amended, 92 of 1975, s. 59)

(3) Where a defendant has a counterclaim or set-off and counterclaim for-more-than- $8,000 which, if it were not-for-more- -than-$8,000, would be within the jurisdiction of the tribunal, the defendant may abandon the excess and thereupon the tribunal shall have jurisdiction to hear and determine the counterclaim or set-off and counterclaim, so, however, that the defendant shall not recover in the counterclaim or set-off and counterclaim an amount exceed- ing $8,000- (Amended, 79 of 1981, s. 2 and 14 of 1986, s. 5)

(4) Where a tribunal has jurisdiction to hear and determine a counterclaim or set-off and counterclaim by virtue of this section, the award of the tribunal on the counterclaim or set-off and counterclaim shall be in full discharge of all demands in respect thereof, and judgment shall be deemed to be entered accordingly.

11. Where any proceedings on a claim or counterclaim or set-off and counterclaim are transferred under section 7 or section 10 from the tribunal to the District Court or the High Court, the costs of the proceedings both before and after the transfer shall, subject to any order of the tribunal, be in the discretion of the court to which the proceedings are transferred, and that court 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 that court.

(Amended, 92 of 1975, s. 59)

Filing claims.

PART IV

COMMENCEMENT OF PROCEEDINGS

12. (1) A proceeding in the tribunal shall be commenced by filing a claim with the registrar.

(2) Subject to subsection (3), a claim shall be in writing in the prescribed form, in either the English or Chinese language, and shall be signed by or on behalf of the claimant. (Amended, 14 of 1986, s. 6)

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