Section 1
Short title
This Act is the Small Claims Tribunals Act 1984.
ActIn force
Small Claims Tribunals Act 1984
The full official text, structured for quick navigation. Copy any provision or jump straight to a section.
- Enacted
- 1984
- Last amended
- 2019
- Sections
- 48
- Cited in
- 19 decisions
Small Claims Tribunals Act 1984 is Singapore Act, cited as Act SCTA 1984, currently marked in force and first recorded in 1984.
Cited in court decisions
19Court decisions that cite this act, detected automatically from judgment text and linked to the judgment we hold.
“, he sought a refund of the $21,450 that he had transferred as advance payment for them. However, since the default monetary jurisdiction of the SCT was $20,000 (see s 5(3)(a) read with s 2(1) of the Small Claims Tribunals Act 1984 (2020 Rev Ed) (the “SCTA”)), the Claimant abandoned the excess to bring his claim within”
“ctor”) claimed the outstanding price and payment for alleged variations. I ordered both claims to be transferred from the Small Claims Tribunals (the “SCT”) to the Magistrate’s Court under s 7 of the Small Claims Tribunals Act 1984 (the “SCTA”). These are the full grounds of my decision.”
“omise, CPL would not have been able to pursue a claim resting on that legal basis before the Small Claims Tribunals (“SCT”). The subject-matter jurisdiction of the SCT is confined by s 5(1)(a) of the Small Claims Tribunals Act 1984 to “specified claims”. Relevantly, para 1(c) of the Schedule identifies as a specified c”
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“However, the Small Claims Tribunals Act 1984 (2020 Rev Ed) confers no power upon this tribunal or the Registrar to add respondents to the proceedings. To be sure, section 19(1)(b)(ii) requires the Registrar to cause a copy of the claim and noti”
“Small Claims Tribunals — Judgments and orders — Application under s 41(1) of the Small Claims Tribunals Act 1984 (2020 Rev Ed) to set aside default judgment issued after trial in Respondent’s absence — Whether there were countervailing factors tilting balance in favour of setting aside default judgment when Res”
“The present action is “a claim in tort relating to damage caused to any property”, one of the specified claims falling within the jurisdiction of the Small Claims Tribunals: see s 5(1)(a) of the Small Claims Tribunals Act 1984 (2020 Rev Ed), read with para 1(b) of the Schedule.”
“ns had made reference to other provisions relating to the transfer of proceedings from a tribunal to a court, such as s 20 of the Community Disputes Resolution Act 2015 (No 7 of 2015) and s 10 of the Small Claims Tribunals Act (Cap 308, 1998 Rev Ed), but since it is clear that these provisions pertain to the transfer o”
“Under s 38(1) of the Small Claims Tribunals Act (Cap 308, 1998 Rev Ed) (“the Act”) an order of a Small Claims Tribunal can be appealed against (a) on any ground involving a question of law; or (b) on the ground that the claim was outside the juris”
“risdiction to substantively determine the parties’ claims given that they would, as a natural consequence of that view, be taken outside the scope of s 5(1) read with para 1(c) of the Schedule to the Small Claims Tribunals Act 1984 (“SCTA”).”
“June 2022, seeking damages of $14,328.00. After hearing the parties at the first consultation on 14 July 2022 (the “Consultation”), I ordered that the claim be discontinued pursuant to s 17(3) of the Small Claims Tribunals Act 1984 (2020 Rev Ed) (“SCTA”) as I was of the view that the SCT had no jurisdiction to hear it.”
“s preliminary issue and, after doing so, I concluded that the claim, as framed, did not fall within the SCT’s subject-matter jurisdiction. I therefore discontinued the proceedings under s 5(5) of the Small Claims Tribunals Act 1984 (“SCTA”) giving brief reasons orally for my decision. These are my full written grounds.”
“In the SCT, proceedings are judge-led. This meant that the tribunal had to identify the relevant issues and ensure that the relevant evidence was adduced (see s 22(2) of the Small Claims Tribunals Act 1984 (2020 Rev Ed) (“SCTA”)). This also meant that the tribunal could inquire into any matter that it considered releva”
“arties on 27 January 2026. At the outset, I explained to the parties that the SCT’s jurisdiction is constrained by statute, and that one such constraint is the two-year time limit in s 5(3)(b) of the Small Claims Tribunals Act 1984 (“SCTA”). I further explained that, if the claim or counterclaim had been brought after”
“a claim premised on the LOI in the absence of a lease? After careful consideration, I concluded that the SCT did not have jurisdiction to hear the claim and discontinued it pursuant to s 5(5) of the Small Claims Tribunals Act 1984 (2020 Rev Ed) (“SCTA”). I set out my reasons in this Grounds of Decision.”
“f a tenancy which, as I ultimately found, exceeded two years. It thus followed that the claims did not fall within the jurisdiction conferred on the Small Claims Tribunals (“SCT”) by s 5(1)(a) of the Small Claims Tribunals Act 1984 (“SCTA”), read with para 1(c) of the Schedule thereto. Accordingly, pursuant to s 5(5) o”
“k place at Brand R’s store on 12 July 2022; and the fact that the only listed witness who was present at the discussion on 12 July was the claimant herself, I exercised my powers under s 22(4) of the Small Claims Tribunals Act 1984 to summon the claimant’s daughter (“Ms Y”) and Mr B to give evidence. They were both pre”
“uch as getting up from the bed, eating or going to the toilet. Given the poor state of her health, her son, [ATP], acted as her representative throughout the proceedings pursuant to s 23(2)(j) of the Small Claims Tribunals Act 1984 (2020 Rev Ed) (“SCTA”).”
“the circumstances, I rejected Mr C’s application and decided, in his absence, to hear the matter and determine the claims on their merits and not in default of his attendance pursuant to s 29 of the Small Claims Tribunals Act 1984. I did so because, for one, the application was substantively deficient in that it was no”
“services, and whether Parliament intended for claims arising from such contracts to fall within the ambit of this tribunal’s jurisdiction. This concern springs from paragraph 2 of the Schedule to the Small Claims Tribunals Act 1984 (2020 Rev Ed), which expressly deems contracts to buy or sell foreign currency notes wit”
Part 1
PRELIMINARY
Section 2
Interpretation
Amended by5/201433/201833/2018
Definition
“claimant” means a person who lodges a claim with a tribunal and includes any person who becomes a party to the proceedings on any claim in the capacity of a claimant;
Definition
“Community Mediation Centre” means a Community Mediation Centre established under section 3 of the Community Mediation Centres Act 1997;
Definition
“court‑appointed mediator” means an individual who is appointed by the Presiding Judge of the State Courts to be a mediator for the purposes of this Act;
Definition
“party” means a claimant or respondent and any person joined as a third party;
Definition
“prescribed extended limit” means $30,000 or such other sum as the Minister may, after consultation with the Chief Justice, prescribe by order in the Gazette;
Definition
“prescribed limit” means $20,000 or such other sum as the Minister may, after consultation with the Chief Justice, prescribe by order in the Gazette;
Definition
“Registrar” means the registrar, a deputy registrar or an assistant registrar for the tribunals;
Definition
“Registry” means the Registry of Small Claims Tribunals established under section 13;
Definition
“respondent” means any person against whom a claim is made and any person who becomes a party to the proceedings on any claim in the capacity of a respondent;
Definition
“tribunal” means a Small Claims Tribunal constituted under section 4 of the State Courts Act 1970;
Definition
“tribunal magistrate” means a tribunal magistrate designated under section 4(2) or appointed under section 4(3)(a);
Definition
“work order” means an order to rectify a defect in goods or any damage to property, or to make good any deficiency in the performance of services, by doing such work or attending to such matters (including the replacement of goods or parts thereof) as may be specified in the order.
Amended by5/201433/2018
(2)
For the purposes of this Act, the value of a claim relating to a contract means —
(a)
in the case where the nature of the claim is for the rescission of the contract — the value of the contract;
(b)
in the case where the nature of the claim is for the recovery of a progress payment due under the contract — the value of the contract; and
(c)
in any other case — the quantum of the claim.
Amended by33/2018
Part 2
ESTABLISHMENT AND JURISDICTION OF TRIBUNALS
Section 3
Establishment of tribunals
Amended by5/2014
The President may, under section 4 of the State Courts Act 1970, constitute one or more Small Claims Tribunals as the President thinks fit to exercise the jurisdiction in respect of claims created by this Act.
Section 4
Tribunal magistrates
Amended by33/201833/201833/201833/201833/2018
(1)
A tribunal is to be presided over by a tribunal magistrate designated under subsection (2) or appointed under subsection (3)(a).
Amended by33/2018
(2)
The Presiding Judge of the State Courts may designate a District Judge or a Magistrate as a tribunal magistrate.
Amended by33/2018
(3)
The President may, on the recommendation of the Chief Justice, by instrument in writing —
(a)
appoint a qualified person (as defined in section 2(1) of the Legal Profession Act 1966) as a tribunal magistrate; and (b)revoke that appointment at any time.
Amended by33/2018
(4)
An individual appointed under subsection (3)(a) as a tribunal magistrate holds office for the term specified in the instrument of appointment, and may be re‑appointed.
Amended by33/2018
(5)
Any individual designated under subsection (2) or appointed under subsection (3)(a) may, although the period of the individual’s designation or appointment has expired, or the individual’s designation or appointment has been revoked, sit as a tribunal magistrate for the purpose of giving judgment or otherwise in relation to any case heard by the individual as a tribunal magistrate.
Amended by33/2018
Section 5
Jurisdiction of tribunal
Amended by33/20185/201433/201833/2018
(1)
Subject to the provisions of this Act, a tribunal has the jurisdiction to hear and determine any claim which —
(a)
is a specified claim; and
(b)
is served in Singapore on the respondent under section 19(1).
Amended by33/2018
(2)
The jurisdiction of a tribunal does not extend to a claim —
(a)
in respect of damage caused to any property by an accident arising out of or in connection with the use of a motor vehicle; or
(b)
which the State Courts have no jurisdiction to hear and determine.
Amended by5/2014
(3)
Except where this Act expressly provides otherwise, the jurisdiction of a tribunal does not extend to a claim —
(a)
the value of which exceeds the prescribed limit; or
(b)
after the expiry of 2 years after the date on which the cause of action accrued.
Amended by33/2018
(4)
Subject to subsections (1) and (2), a tribunal has jurisdiction to hear and determine any claim the value of which exceeds the prescribed limit but does not exceed the prescribed extended limit, if the parties to the claim so agree by a memorandum signed by them.
Amended by33/2018
(5)
Where a tribunal is of the opinion that a claim lodged with it pursuant to section 15(1) is beyond its jurisdiction, the tribunal must discontinue the proceedings and advise the claimant and respondent accordingly.
Section 6
Exclusion of other jurisdictions
(1)
Where a claim has been lodged with a tribunal, no proceedings relating to that claim may be brought before any other court except —
(a)
where the proceedings before that court were commenced before the claim was lodged with the tribunal; or
(b)
where the claim before the tribunal has been withdrawn or abandoned.
(2)
No claim may be brought before a tribunal if proceedings relating to that claim are pending in or have been heard and determined by any other court.
(3)
For the purposes of this section, a claim is deemed to have been lodged with a tribunal when section 15 has been complied with.
Section 7
Transfer of claims
Despite section 5, a tribunal may, at any time if it is of the opinion that a claim ought to be dealt with by any other court, transfer the proceedings to that court whereupon the practice and procedure of that court applies.
Section 8
No division of claims
A claim must not be split or divided and pursued in separate proceedings before a tribunal for the sole purpose of bringing the sum claimed in each of such proceedings within the jurisdiction of a tribunal.
Section 9
Abandonment of part of claim to give tribunal jurisdiction
(1)
Where the value of a claim exceeds the prescribed limit and no agreement is reached between the parties thereto as to an extension of the jurisdiction of the tribunal under section 5(4), the claimant may abandon the excess, and thereupon the tribunal has jurisdiction to hear and determine the claim.
(2)
Where the tribunal has jurisdiction to hear and determine a claim by virtue of subsection (1), an order of the tribunal under this Act in relation to that claim is in full discharge of all demands in respect of that claim.
Section 10
Transfer of counterclaim from tribunal to court
(1)
Where any counterclaim or any set‑off and counterclaim in proceedings before a tribunal is a monetary claim which is not within the jurisdiction of the tribunal, any party in those proceedings may apply to an appropriate court, within such time as may be prescribed by the rules of that court, for an order that the whole proceedings, or the proceedings on the counterclaim or set‑off and counterclaim, be transferred to that court.
(2)
On any such application, the court may order —
(a)
that the whole proceedings be transferred to that court;
(b)
that the whole proceedings be heard before a tribunal; or
(c)
that the proceedings on the counterclaim or set‑off and counterclaim be transferred to that court and that the claim by the claimant and the defence thereto other than the set‑off (if any) be heard before a tribunal.
(3)
Where an order is made under subsection (2)(c) and judgment on the claim is given for the claimant, execution thereon must, unless the court at any time otherwise orders, be stayed until the proceedings transferred to that court have been concluded.
(4)
Where no application is made under subsection (1) or where on such an application it is ordered that the whole proceedings be heard before a tribunal, the tribunal has jurisdiction to hear the proceedings despite any other provisions of this Act.
Section 11
Costs in transferred cases
(1)
Where any proceedings on a claim or counterclaim or set‑off and counterclaim are transferred under section 7 or 10 from a tribunal to another court, the costs of the proceedings both before and after the transfer are, subject to any order of the tribunal made in relation to any proceedings before the transfer, in the discretion of the court to which the proceedings are transferred.
(2)
The court mentioned in subsection (1) 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 must be taxed in the court.
Section 12
Functions of tribunal
(1)
The primary function of a tribunal is to attempt to bring the parties to a dispute to an agreed settlement.
(2)
Where an agreed settlement is reached, a tribunal may make one or more of the orders which it is empowered to make under section 35.
(3)
If it appears to a tribunal that it is impossible to reach a settlement under subsection (1) within a reasonable time, the tribunal must proceed to determine the dispute.
(4)
A tribunal must determine the dispute according to the substantial merits and justice of the case, and in doing so must have regard to the law but is not bound to give effect to strict legal forms or technicalities.
Section 13
Registry
Amended by40/2019
(1)
There is established and maintained a Registry of Small Claims Tribunals in which all records of the tribunals must be kept.
(2)
The record of a tribunal consists of —
(a)
claims lodged with the tribunal by claimants;
(b)
summaries of the facts of the issues in dispute in respect of those claims as determined and recorded by the tribunal during the hearing of the claims; and
(c)
orders made by the tribunal in relation to those claims.
(3)
Any party to the claim is, upon payment of a prescribed fee, entitled to a copy of the record of a tribunal and such record is admissible in evidence before any other court for the purposes of any proceedings before that court.
(4)
The record of a tribunal relating to any claim must be kept for a period of one year after the date of the order made by the tribunal in relation to the claim or, where there is an appeal against the order to the General Division of the High Court, one year after the conclusion of the appeal.
Amended by40/2019
Section 14
Registrar, deputy registrars, assistant registrars and other officers
Amended by33/201833/2018
(1)
The registrar of the State Courts is the registrar for the tribunals.
Amended by33/2018
(2)
The Chief Justice may appoint deputy registrars, assistant registrars and other officers for the proper functioning of the tribunals.
Amended by33/2018
Section 15
Lodging claims
(1)
Proceedings before a tribunal must be commenced by lodging a claim with the Registrar.
(2)
A claim must be in writing in the prescribed form and must be signed by the claimant.
(3)
The Registrar may permit a claim to be made orally and cause it to be reduced to writing.
(4)
After the claim has been reduced to writing, it must be read over and explained to the claimant and, if confirmed correct by the claimant, must be signed by the claimant and a copy of the claim must be given to the claimant.
(5)
In any joint or representative claim —
(a)
the Registrar may permit the claim to be filed even though it has not been signed by all the claimants or persons represented on condition that all the claimants or such persons must do so before the date of hearing; and
(b)
the name of a claimant or person represented who has not so signed the claim before the hearing may, if a tribunal so directs, be deleted from the claim and the amount of the claim reduced accordingly.
(6)
The Registrar may, in accordance with the rules, permit a claim to be lodged by electronic facsimile or any other prescribed electronic means.
Section 16
Contents of claim
A claim must contain —
(a)
the name and address of each claimant and, in the case of a representative claim, the name and address of each person represented;
(b)
the name and address of each respondent;
(c)
the sum of money claimed by each claimant or person represented; and
(d)
such other particulars of the claim as are reasonably sufficient to inform the respondent of the ground for the claim and the manner in which the amount claimed by each claimant or person represented has been calculated.
Section 17
Powers of Registrar
Amended by33/2018
(1)
The Registrar must, when a claim has been filed, invite all the parties to the dispute for consultation with a view to effecting a settlement acceptable to all the parties.
(2)
Where such a settlement is made, the Registrar must, at the request of the claimant, make an order under section 35 that gives effect to the terms of the settlement and the order has effect as if it were an order of a tribunal made under that section.
(3)
Where at the consultation the Registrar is of the opinion that a claim or counterclaim lodged is outside the jurisdiction of a tribunal, the Registrar must discontinue the proceedings and advise the claimant and respondent accordingly.
(4)
Any person aggrieved by a decision of the Registrar made under subsection (3) may within one month appeal to a tribunal which may make an order confirming, reversing or varying the decision of the Registrar.
(5)
If a claimant fails to appear at the consultation, by himself or herself or by a representative pursuant to section 23(2), the Registrar may make an order dismissing the claim or, where there is a counterclaim by the respondent, make any order which a tribunal may make under section 35.
(6)
If a respondent fails to appear at the consultation, by himself or herself or by a representative pursuant to section 23(2), the claimant may apply to the Registrar for any order which a tribunal may make under section 35 to be made against the respondent.
(7)
Upon an application under subsection (6), the Registrar must grant the claimant the order if the Registrar is satisfied that the claimant is entitled thereto and that a copy of the written claim and notice of consultation have been served on the respondent.
(8)
Any order made by the Registrar under subsection (5) or (7) has effect as if it were an order of a tribunal made under section 35.
(9)
Any person aggrieved by an order of the Registrar made under subsection (5), (6) or (7) may apply to the Registrar for the order to be set aside.
(10)
An application made under subsection (9) must be made within one month after the consultation or such further period as the Registrar may allow.
(11)
Section 23 applies to a consultation under this section or section 18, subject to the modification that a reference in section 23 to proceedings before a tribunal is a reference to the consultation.
Amended by33/2018
Section 18
Consultation before Registrar by electronic means
Amended by33/2018
(1)
The Registrar may, on such conditions as the Registrar may impose, permit the consultation to be conducted by telephone, videophone or any other electronic means (called in this section electronic means).
(2)
The Registrar may at any time direct any consultation by electronic means to cease and order the parties to appear (personally or by a representative permitted under section 23(2)) at a designated place for the consultation.
Amended by33/2018
(3)
Any order made by the Registrar at the consultation by electronic means may be set aside on the application of any person aggrieved by that order if the Registrar is satisfied that either party has been impersonated or that any person who participated in the consultation did not have authority to represent the party concerned.
(4)
An application made under subsection (3) must be made within one month after the order was made or such further period as the Registrar may allow.
Section 18A
Referral of cases to Community Mediation Centre, etc.
Amended by33/201833/201833/201833/2018
(1)
The Registrar or a tribunal may refer a claim to a Community Mediation Centre or any other person for mediation, with or without the consent of the parties to the claim.
Amended by33/2018
(2)
The Registrar or the tribunal may, in making a referral under subsection (1) —
(a)
order all or any of the parties to the claim to attend (personally or by a representative permitted under section 23(2)) before a mediator of the Community Mediation Centre, or that other person, at the time and place specified in the order;
(b)
give any direction necessary for and incidental to the proper carrying into effect of the referral; and
(c)
order that all further proceedings on the claim under this Act be stayed pending the mediation.
Amended by33/2018
(3)
Section 23 applies to a mediation required under this section, subject to the modification that a reference in section 23 to proceedings before a tribunal is a reference to the mediation.
Amended by33/2018
Section 19
Service of claim and notice of hearing
Amended by33/2018
(1)
Where a claim is not settled under section 17 or 18, or in a mediation required by the Registrar under section 18A, the Registrar must —
(a)
fix a place and date for hearing the claim and give notice thereof in the prescribed form to the claimant; and
(b)
as soon as is reasonably practicable, cause a copy of the written claim and a notice in the prescribed form of the place and date of hearing to be served on —
(i)
the respondent; and
(ii)
every person who appears from the claim form to have a sufficient interest in the settlement of the dispute to which the claim relates.
Amended by33/2018
(2)
The Registrar may summon any person to appear before a tribunal if, in the Registrar’s opinion, the presence of the person is necessary to enable the tribunal to determine the questions in dispute in the claim.
(3)
Service of a copy of the written claim and the notice of hearing and of a summons or any document that is to be served on any person in any proceedings before a tribunal may be effected by such person as may be appointed by the Registrar for the purpose.
Section 20
Claim may be admitted by telephone or in writing
Amended by33/2018
(1)
The Registrar may, on such conditions as the Registrar may impose, permit a respondent, at any time before an order on the claim has been made by the Registrar or the tribunal, to admit the claim against the respondent orally by telephone.
(2)
The Registrar may accept any admission to the claim in writing by the respondent if such admission is received before any order on the claim had been made by the Registrar or the tribunal.
(3)
The Registrar may reject an admission purportedly made under subsection (1) or (2) and direct the respondent to appear (personally or by a representative permitted under section 23(2)) at the consultation or before a tribunal.
Amended by33/2018
(4)
If the Registrar is satisfied that an admission under subsection (1) or (2) is in order, the Registrar may make an order under section 35 against the respondent and the order has effect as if it were an order of a tribunal under that section.
(5)
Any order made by the Registrar under subsection (4) may be set aside on the application of the respondent if the Registrar is satisfied that the admission was not made by the respondent or with the respondent’s authority.
(6)
An application under subsection (5) must be made within one month after the date of the order or such further period as the Registrar may allow.
Section 21
Parties
(1)
Subject to subsection (2), the claimant and the respondent and every person to whom notice of a claim has been served under section 19(1)(b) are parties to the proceedings on that claim.
(2)
A tribunal may, at any time, order that the name of a person who appears to it to have been improperly joined as a party be struck out from the proceedings.
Section 22
Hearing to be informal
Amended by33/201833/201833/201833/2018
(2)
A tribunal, when dealing with a claim, is to adopt a judge‑led approach, that is to say, the tribunal —
(a)
is to identify the relevant issues in the claim; and (b)is to ensure that the relevant evidence is adduced by the parties to the proceedings before the tribunal.
Amended by33/2018
(3)
In adopting a judge-led approach, a tribunal may, at any time, on its own initiative or on the application of any party to the proceedings before the tribunal, direct any party or parties to those proceedings to appear before the tribunal, for the tribunal to make such order or give such direction as the tribunal thinks fit, for the just, expeditious and economical disposal of the claim.
Amended by33/2018
(4)
A tribunal may, on its own initiative or at the request of any party, summon any person to do either or both of the following:
(a)
give evidence in any proceedings before a tribunal;
(b)
produce any document, record or thing which is relevant in any proceedings before a tribunal.
Amended by33/2018
(5)
A tribunal may inquire into any matter which the tribunal considers relevant to a claim, whether or not the matter is raised by a party to the claim.
Amended by33/2018
Section 23
Right of audience
Amended by40/200133/201833/201833/2018
(1)
Subject to this section, a party to proceedings before a tribunal must present the party’s own case.
(2)
Subject to subsection (3), where a party to proceedings before a tribunal is —
(a)
the Government, a public officer may present the case on its behalf;
(b)
a Town Council established under the Town Councils Act 1988, one of the full‑time employees of the Town Council or of its management agent may present the case on its behalf;
(c)
a body corporate, one of its officers or full‑time employees may present the case on its behalf;
(d)
a partnership, one of its partners or full‑time employees may present the case on its behalf;
(e)
an unincorporated association, one of the members of its governing body, or one of its full‑time employees, may present the case on behalf of the unincorporated association;
(f)
a management corporation under the Land Titles (Strata) Act 1967, a member of its council or a full‑time employee of its managing agent may present the case on its behalf;
(g)
the Council of the Singapore Business Federation as referred to in the Singapore Business Federation Act 2001, one of the members of the Council or any employee of the Federation duly authorised by the Council may present the case on the Council’s behalf;
(h)
a minor and is, in the opinion of the Registrar or tribunal, unable to present his or her own case, the minor’s parent or guardian or any other person as may be approved by the Registrar or tribunal may present the case on the minor’s behalf;
(i)
a person who is not resident in Singapore and who is unable to remain in Singapore until the hearing of the case, any other person who is duly authorised by the firstmentioned person in writing may, with the approval of the Registrar or tribunal, present the case on the firstmentioned person’s behalf; and
(j)
a person who is, in the opinion of the Registrar or tribunal, unable to present his or her own case by reason of old age, illiteracy or infirmity of mind or body, any other person who is duly authorised by the firstmentioned person in writing or who is approved by the Registrar or tribunal may present the case on the firstmentioned person’s behalf.
Amended by40/200133/2018
(3)
No party to any proceedings before a tribunal may be represented by an advocate and solicitor or, except as provided by subsection (2), an agent, whether paid or otherwise.
(4)
A tribunal or the Registrar must, before permitting a person to act as a representative under subsection (2), be satisfied that the person has sufficient knowledge of the case and sufficient authority to bind the party whom the person represents.
Amended by33/2018
(5)
In this section, “officer”, for a body corporate, means —
(a)
in the case of a limited liability partnership, a partner, manager or other similar officer of the limited liability partnership; and (b)in the case of any other body corporate, a director, chief executive, manager, secretary or other similar officer of the body corporate.
Amended by33/2018
Section 24
Proceedings conducted in private unless tribunal orders otherwise
Amended by33/201833/2018
(1)
Subject to subsection (2), all proceedings before a tribunal are to be conducted in private.
Amended by33/2018
(2)
A tribunal may, on its own initiative or on the application of any party to the proceedings, and in such manner as may be prescribed, do any of the following:
(a)
allow one or more individuals to assist in resolving the claim amicably through mediation or conciliation;
(b)
allow one or more individuals of skill and experience in the matter to which the proceedings relate to sit with the tribunal and act as assessors;
(c)
allow any individual whom the tribunal deems fit to observe the hearing of the claim.
Amended by33/2018
Section 25
Proceedings before tribunal conducted by electronic means, etc.
Amended by33/2018
(1)
A tribunal may, on such conditions as it may impose, permit proceedings before the tribunal to be conducted by telephone, videophone or any other electronic means (called in this section electronic means).
(2)
The tribunal may at any time direct any proceedings before it conducted by electronic means to cease and order the parties to appear (personally or by a representative permitted under section 23(2)) at a designated place for the hearing.
Amended by33/2018
(3)
Any order made by the tribunal at the proceedings before it by electronic means may be set aside on the application of a person aggrieved by that order if the tribunal is satisfied that either party has been impersonated or that any person who participated in the hearing did not have authority to represent the party concerned.
(4)
An application made under subsection (3) must be made within one month after the order was made or such further period as the tribunal may allow.
Section 26
Claims may be heard together
Amended by33/201833/201833/2018
(1)
Subject to subsection (2), where 2 or more claims are filed and it appears to a tribunal that —
(a)
a common question of fact or law arises in both or all of them;
(b)
the claims arose out of the same cause of action; or
(c)
it would be in the interests of justice,the tribunal may order that such claims (called in this section the common group of claims) be heard at the same time.
Amended by33/2018
(2)
The aggregate value of the common group of claims must not exceed —
(a)
in the case where section 5(4) applies to any claim in the common group of claims, the prescribed extended limit; and
(b)
in any other case, the prescribed limit.
Amended by33/2018
(3)
The power conferred by this section may be exercised by a tribunal even though the hearing of any claim in the common group of claims has begun.
Amended by33/2018
Section 27
Representative claims
Amended by33/201833/2018
(1)
Subject to subsections (2) and (3), if 2 or more persons have claims against the same respondent, such claims may be brought in the name of one of such persons as the representative of some or all of them.
Amended by33/2018
(2)
The aggregate value of the claims of persons represented in a representative claim must not exceed —
(a)
in the case where section 5(4) applies to any of those persons’ claims, the prescribed extended limit; and
(b)
in any other case, the prescribed limit.
Amended by33/2018
(3)
A tribunal may, if at any stage of the proceedings it considers that a representative claim may prejudice the respondent, order that the claims of all or any of the persons represented be heard separately.
(4)
Each person represented in a representative claim is deemed to have authorised the representative on the person’s behalf to —
(a)
call and give evidence and make submissions to a tribunal on any matter arising during the hearing of the claim;
(b)
file affidavits, statements or other documents;
(c)
agree to an adjournment or change of venue;
(d)
agree to a settlement of the claim on such terms as the representative thinks fit;
(e)
amend or abandon the claim; and
(f)
act generally in as full and free a manner as such claimant may act on his or her own behalf.
(5)
The authority deemed to be given to a representative by subsection (4) must not be withdrawn except by leave of the tribunal.
(6)
A tribunal may, at any time before determining any claim, grant leave to any person to join in the claim as a person represented on such terms as it may think fit.
Section 28
Evidence
Amended by33/201833/201833/2018
(1)
A tribunal is not bound by the rules of evidence but may inform itself on any matter in such manner as it thinks fit.
(2)
Evidence tendered to a tribunal by or on behalf of a party to any proceedings need not be given on oath but the tribunal may, at any stage of the proceedings, require that such evidence or any part thereof be given on oath whether orally or in writing.
(3)
A tribunal may, on its own initiative, seek and receive such other evidence and make such other investigations and inquiries as it thinks fit.
(4)
All evidence and information received and ascertained by the tribunal under subsection (3) must be disclosed to every party.
(5)
For the purposes of subsection (2), a tribunal magistrate is empowered to administer an oath.
Amended by33/2018
(6)
A tribunal may require any written evidence given in the proceedings before the tribunal to be verified by statutory declaration.
Amended by33/2018
(7)
A tribunal is not required to keep a record of the evidence given in any proceedings before the tribunal but must make —
(a)
a summary for the purposes of section 13(2); and
(b)
notes of the proceedings.
Amended by33/2018
Section 29
When party fails to appear
Amended by33/2018
If a party to the proceedings on a claim before a tribunal fails, without reasonable excuse, to attend (personally or by a representative permitted under section 23(2)) those proceedings, the tribunal may —
(a)
in the case where the absent party is the claimant —
(i)
dismiss the claim; or
(ii)
where the proceedings include a counterclaim by the respondent, hear, and make an order under section 35 on, the counterclaim; or
(b)
in the case where the absent party is the respondent — hear, and make an order under section 35 on, the claim and (where the proceedings include a counterclaim by the respondent) the counterclaim.
Section 30
Control of procedure
Subject to this Act and to the rules, a tribunal has control of its own procedure in the hearing of claims and, in the exercise of that control, must have regard to the principles of natural justice.
Section 31
Repealed / deleted
[Repealed by Act 33 of 2018]
Section 32
Repealed / deleted
[Repealed by Act 33 of 2018]
Section 33
Adjournments
A tribunal may at any time, either of its own motion or on the application of any party, adjourn the hearing of proceedings on a claim on such terms as it thinks fit.
Section 34
Withdrawal of claim
A claimant may at any time withdraw the claimant’s claim whether or not a tribunal has heard the claim.
Section 35
Orders of tribunal
Amended by33/201833/201833/201833/2018
(1)
A tribunal may, as regards any claim within its jurisdiction, make one or more of the following orders, subject to such conditions (whether as to the time for, or mode of, compliance or otherwise) as the tribunal thinks fit to impose:
(a)
an order requiring a party to pay money to another party;
(b)
a work order against a party;
(c)
an order requiring a party to do anything under a work order within such time as may be specified in the order and, in default of that party complying with that order, to pay money to a person specified in the order;
(d)
an order dismissing the whole or part of the claim;
(e)
an order to vary a work order;
(f)
an order requiring a party to pay costs to another party;
(g)
where the claim is for unpaid rent for any premises under a contract specified in paragraph 1(c) of the Schedule, an order for the delivery of vacant possession of the premises;
(h)
any ancillary order necessary to give effect to any order made by the tribunal.
Amended by33/2018
(2)
The total value of a money order or work order made under subsection (1) must not exceed —
(a)
in the case where section 5(4) applies, the prescribed extended limit; and
(b)
in any other case, the prescribed limit.
Amended by33/2018
(3)
A tribunal may correct an order made by the tribunal within 14 days after the date on which the order is made, or correct a statement of the tribunal’s grounds for making the order within 14 days after the date on which the statement is issued by the tribunal, to the extent necessary to rectify any of the following:
(a)
a clerical mistake;
(b)
an error arising from an accidental slip or omission;
(c)
a material miscalculation of figures, or a material mistake in the description of any person, thing or matter, mentioned in the order or statement;
(d)
a defect of form.
Amended by33/2018
(4)
In this section, “money order” means an order under subsection (1)(a).
Amended by33/2018
Section 36
Enforcement of section 35(1) order
Amended by33/2018
Each of the following orders may be enforced in the same manner as a judgment or an order made by a District Court:
(a)
an order made by a tribunal under section 35(1);
(b)
an order made by the Registrar under section 17(2), (5) or (7) or 20(4), read with section 35(1).
Section 37
Repealed / deleted
[Repealed by Act 33 of 2018]
Part 3
APPEAL
Section 38
Appeal on point of law
Amended by33/201840/201943/200540/201933/201833/2018
(1)
Any party to proceedings before a tribunal may appeal to the General Division of the High Court against an order made by the tribunal under section 35(1) —
(a)
on any ground involving a question of law; or
(b)
on the ground that the claim was outside the jurisdiction of the tribunal.
Amended by33/201840/2019
(2)
An appeal lies to the General Division of the High Court under this section only if leave to appeal is given by the District Court.
Amended by43/200540/2019
(3)
Where a proposed appeal against an order made by a tribunal does not satisfy subsection (1)(a) or (b), a District Court may, in addition to refusing leave under subsection (2) and subject to such directions as the District Court thinks fit —
(a)
order that the matter be remitted to that tribunal for its reconsideration; or
(b)
order a rehearing of the matter by a different tribunal.
Amended by33/2018
(4)
Any order of a District Court under subsection (2) or (3) is final and is not subject to an appeal.
Amended by33/2018
Section 39
Powers of General Division of High Court on appeal
Amended by33/201840/201940/201940/2019
(1)
On an appeal under section 38, the General Division of the High Court may —
(a)
allow the appeal, and set aside or vary the tribunal’s order;
(b)
subject to such directions as the General Division of the High Court thinks fit, remit the matter to the tribunal for reconsideration, or order a rehearing of the matter by a different tribunal; or
(c)
dismiss the appeal.
Amended by33/201840/2019
(2)
On an appeal under section 38, the General Division of the High Court may make such order as to costs and expenses as the General Division of the High Court thinks fit, but may not —
(a)
reverse or vary any determination made by a tribunal on questions of fact; or
(b)
receive further evidence.
Amended by40/2019
(3)
A decision of the General Division of the High Court under subsection (1) is final and is not subject to any appeal.
Amended by40/2019
Part 4
MISCELLANEOUS PROVISIONS
Section 40
Order of tribunal to be final
An order of a tribunal is final and binding on all parties to the proceedings in which the order is made and, except as provided in section 38, no appeal lies in respect of the order.
Section 41
Setting aside of order
Amended by33/2018
(1)
Any order of —
(a)
the tribunal made under section 25(3), 29(a)(i) or 35(1) read with section 29(a)(ii) or (b);
(b)
the Registrar made under section 17(9), 18(3) or 20(5),may, on the application of a person aggrieved by that order, be set aside by the tribunal and the tribunal may make such further order as it thinks just.
Amended by33/2018
(2)
An application under subsection (1) must be made within one month after the date on which the order was made or such further period as the tribunal may allow.
Section 42
Appeal does not operate as stay of execution
Amended by33/201840/201933/201840/201933/201840/201933/2018
(1)
An appeal against an order made by a tribunal under section 35 (called in this section a tribunal’s section 35 order) does not operate as a stay of execution of that order, unless the tribunal, a District Court or the General Division of the High Court orders otherwise.
Amended by33/201840/2019
(2)
A stay of execution of a tribunal’s section 35 order is subject to such conditions as the tribunal, a District Court or the General Division of the High Court (as the case may be) thinks fit to impose, including conditions as to costs, payment into the tribunal, District Court or General Division of the High Court (as the case may be) or the giving of security.
Amended by33/201840/2019
(3)
The General Division of the High Court may order a stay of execution of a tribunal’s section 35 order only if —
(a)
a District Court has given leave under section 38(2) to appeal against the tribunal’s section 35 order; and
(b)
no application was made to the tribunal or any District Court for a stay of execution of the tribunal’s section 35 order.
Amended by33/201840/2019
(4)
Any order made under this section on an application for a stay of execution of a tribunal’s section 35 order is final and is not subject to an appeal.
Amended by33/2018
Section 43
Contempt of tribunal
Amended by33/201833/2018
(1)
Any person who —
(a)
assaults, wilfully insults or obstructs a tribunal magistrate or any witness or officer of a tribunal during a sitting of a tribunal or while the tribunal magistrate, witness or officer is on his or her way to or from such a sitting;
(b)
assaults or wilfully insults or obstructs any person in attendance at a sitting of a tribunal;
(c)
wilfully interrupts or otherwise misbehaves at a sitting of a tribunal; or
(d)
without lawful excuse, disobeys any order or direction of a tribunal (not being an order mentioned in section 35) during a sitting of the tribunal,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months.
Amended by33/2018
(2)
A tribunal may by oral order exclude from a sitting of the tribunal any person whose behaviour in the opinion of the tribunal constitutes an offence under subsection (1) whether or not such person is charged with the offence.
Amended by33/2018
(3)
The Registrar or officer under the Registrar’s control or any police officer may take such steps as are reasonably necessary to enforce such exclusion.
Section 44
Protection from personal liability
Amended by33/201833/2018
(1)
The following individuals have and enjoy the same protection that a Magistrate has and enjoys under the State Courts Act 1970:
(a)
a tribunal magistrate;
(b)
the Registrar, when exercising the jurisdiction and powers of a tribunal.
Amended by33/2018
(2)
No liability shall lie personally against an officer of a State Court or a court-appointed mediator who, acting in good faith and with reasonable care, does or omits to do anything in the execution or purported execution of this Act.
Amended by33/2018
Section 45
Publication of orders
The Registrar must cause to be published, in such manner as the Minister from time to time directs, such particulars relating to proceedings in tribunals as the Minister specifies in the direction.
Section 46
Person not precluded from filing claim in court
Nothing in this Act is to be construed as precluding a person from lodging a claim that is within the jurisdiction of a tribunal in any other court if that person elects to institute proceedings in that other court to hear and determine that claim.
Section 47
Rules
Amended by40/2019
(1)
The Rules Committee appointed under section 80(3) of the Supreme Court of Judicature Act 1969 may make rules to —
(a)
regulate the practice and procedure of tribunals and the enforcement of orders of the tribunals;
(b)
prescribe such things, including fees or costs, as are required by this Act to be prescribed; and
(c)
prescribe such matters as are necessary for carrying out the provisions of this Act.
(2)
Without limiting subsection (1), the rules may provide for the following:
(a)
the form of documents to be issued by tribunals and the sealing of documents;
(b)
the form and content of documents to be used by parties and intending parties, and the service of documents and the giving of notices by such persons;
(c)
the functions, powers and duties of the tribunals, the Registrar and other officers of the Registry in relation to —
(i)
the service of documents and giving of notices;
(ii)
the enlargement of dates of hearing; and
(iii)
the adjournment of proceedings;
(d)
the withdrawal and amendment of claims;
(e)
the summoning of witnesses and the payment of witnesses from public funds or otherwise;
(f)
the commission of offences by, and punishment of, persons who refuse to give evidence or obey a summons to witness;
(g)
the transfer of proceedings from a court to a tribunal and from a tribunal to a court;
(h)
the manner and the conditions under which appeals may be brought against orders made by tribunals;
(i)
regulating and prescribing the procedure to be followed on appeals from a tribunal to the General Division of the High Court.
Amended by40/2019
Common questions
- What is Small Claims Tribunals Act 1984?
- Small Claims Tribunals Act 1984 is Singapore Act, cited as Act SCTA 1984, currently marked in force and first recorded in 1984.
- Is Small Claims Tribunals Act 1984 still in force?
- Yes — Small Claims Tribunals Act 1984 is currently in force.
- When did Small Claims Tribunals Act 1984 take effect?
- Small Claims Tribunals Act 1984 was first recorded in 1984.
- How many sections does Small Claims Tribunals Act 1984 have?
- Small Claims Tribunals Act 1984 contains 48 sections.
- What amends Small Claims Tribunals Act 1984?
- Small Claims Tribunals Act 1984 has been amended by Act 33 of 2018, Act 17 of 1995, Act 31 of 1992, Act 2 of 1998, and Act 40 of 2019, and 6 others.
- Where can I read the official version of Small Claims Tribunals Act 1984?
- The official text of Small Claims Tribunals Act 1984 is published at sso.agc.gov.sg.
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