Small Claims Tribunals (Amendment) Rules 2006

Status:

Published in Subsidiary Legislation Supplement
on 08 Feb 2006

No. S 74

Small Claims Tribunals Act

(Chapter 308)

Small Claims Tribunals (Amendment) Rules 2006

In exercise of the powers conferred on us by section 47 of the Small Claims Tribunals Act, we, the Rules Committee hereby make the following Rules:

Citation and commencement

1. These Rules may be cited as the Small Claims Tribunals (Amendment) Rules 2006 and shall come into operation on 15th February 2006.

New Part VIIB

2. The Small Claims Tribunals Rules (R 1) (referred to in these Rules as the principal Rules) are amended by inserting, immediately after rule 20E, the following Part:

“PART VIIB

APPLICATION FOR LEAVE TO APPEAL TO HIGH COURT

Leave to appeal under section 38 (1A) of Act

20F.—(1) An application for leave under section 38(1A) of the Act to appeal against any order of a tribunal shall be made to a District Court in Form 11C set out in the Schedule.

(2) The appellant must file his application for leave to appeal with the Registrar within 14 days from the date on which the order being appealed from was made.

(3) An appellant who has obtained leave to appeal under paragraph (1) shall file the notice of appeal within one month from the date on which such leave was given.

Fee for leave to appeal

20G. An appellant shall, at the time of filing an application under rule 20F for leave to appeal, pay a fee of $100.

Registrar to fix time and place for hearing of leave to appeal

20H. Upon an appellant having filed an application under rule 20F for leave to appeal and made payment of the fee specified in rule 20G, the Registrar shall —

(a)	assign a number to the application for leave to appeal;
(b)	fix a time and place for the hearing for the application; and
(c)	give notice in Form 11D set out in the Schedule of the time and place of the hearing of the application to the appellant, the respondent and any other person who appears to the Registrar to have sufficient interest in the settlement of the dispute to which the claim relates.

Order of District Court

20I. An order of the District Court made on an application under rule 20F for leave to appeal shall be final and binding on all parties to the proceedings and no appeal shall lie in respect thereof.”.

Deletion and substitution of rule 22

3. Rule 22 of the principal Rules is deleted and the following rule substituted therefor:

“Time for appealing

22. Every notice of appeal shall be filed and served under rule 21(5) within one month calculated from the date on which leave to appeal was granted by the District Court under rule 20F.”.

Amendment of rule 23

4. Rule 23 (3) of the principal Rules is amended by deleting the words “in the High Court”.

Deletion and substitution of rule 28

5. Rule 28 of the principal Rules is deleted and the following rule substituted therefor:

“Stay of execution pending appeal

28. The filing of —

(a)	an application under rule 20F for leave to appeal; or
(b)	a notice of appeal,

shall not operate as a stay of execution, but the tribunal may on application by notice in Form 18 set out in the Schedule stay execution on such terms as it thinks just.”.

Amendment of Schedule

6. The Schedule to the principal Rules is amended —

(a)

by inserting, immediately after Form 11B, the following Forms:

“FORM 11C

Rule 20F(1)

FORM 11D

Rule 20H

”.

(b)

by deleting Form 12 and substituting the following Form:

“FORM 12

Rule 21(1)

”.

Made this 25th day of January 2006.

YONG PUNG HOW

Chief Justice.

CHAN SEK KEONG
Attorney-General.

CHAO HICK TIN
Judge of Appeal.

LAI KEW CHAI
Judge.

JUDITH PRAKASH
Judge.

TAN LEE MENG
Judge.

WOO BIH LI
Judge.

RICHARD R. MAGNUS
Senior District Judge.

TOH HAN LI
District Judge.

MICHAEL KHOO KAH LIP
Advocate and Solicitor.

R.E. MARTIN
Advocate and Solicitor.

[SCT/legis/01-2006/15Feb2006; AG/LEG/SL/308/2004/1 Vol. 1]

Search within Legislation