Singapore legislation

Section 23

of Small Claims Tribunals Act 1984

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