Small Claims Tribunals (Amendment) Bill

by inserting, immediately after the definition of “claimant”, the following definition:“ “Community Mediation Centre” means a Community Mediation Centre established under section 3 of the Community Mediation Centres Act (Cap. 49A);”;

by inserting, immediately after the definition of “court”, the following 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;”;

by deleting the definition of “prescribed limit” and substituting the following definitions:“ “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;“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;”;

by deleting the definitions of “Referee” and “Registrar” and substituting the following definition:“ “Registrar” means the registrar, a deputy registrar or an assistant registrar for the tribunals;”;

by inserting, immediately after the definition of “rules”, the following definition:“ “specified claim” means a claim specified in the Schedule;”;

by inserting, immediately after the definition of “tribunal”, the following definition:“ “tribunal magistrate” means a tribunal magistrate designated under section 4(2) or appointed under section 4(3)(a);”;

by inserting, immediately after the words “defect in goods” in the definition of “work order”, the words “or any damage to property,”; and

by renumbering the section as subsection (1) of that section, and by inserting immediately thereafter the following subsection:“(2) For the purposes of this Act, the value of a claim relating to a contract means —

in the case where the nature of the claim is for the rescission of the contract, the value of the contract;

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

in any other case, the quantum of the claim.”.

A tribunal is to be presided over by a tribunal magistrate designated under subsection (2) or appointed under subsection (3)(a).(2) The Presiding Judge of the State Courts may designate a District Judge or a Magistrate as a tribunal magistrate. (3) The President may, on the recommendation of the Chief Justice, by instrument in writing —

appoint a qualified person (as defined in section 2(1) of the Legal Profession Act (Cap. 161)) as a tribunal magistrate; and (b)revoke that appointment at any time.(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.(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.”.

by deleting subsection (1) and substituting the following subsection:“(1) Subject to the provisions of this Act, a tribunal has the jurisdiction to hear and determine any claim which —

is a specified claim; and

is served in Singapore on the respondent under section 19(1).”;

by inserting, immediately before the word “which” in subsection (3)(a), the words “the value of”;

by deleting the words “one year from” in subsection (3)(b) and substituting the words “2 years after”; (d)by deleting the words “$20,000 or such other sum as the Minister may, after consultation with the Chief Justice, by order published in the Gazette, substitute therefor” in subsection (4) and substituting the words “the prescribed extended limit”; and

by deleting subsection (6).

The registrar of the State Courts is the registrar for the tribunals.(2) The Chief Justice may appoint deputy registrars, assistant registrars and other officers for the proper functioning of the tribunals.”.

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.(2) The Registrar or the tribunal may, in making a referral under subsection (1) —

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;

give any direction necessary for and incidental to the proper carrying into effect of the referral; and

order that all further proceedings on the claim under this Act be stayed pending the mediation.(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.(4) This section has effect despite any other written law.”.

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.(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.(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:

give evidence in any proceedings before a tribunal;

produce any document, record or thing which is relevant in any proceedings before a tribunal.(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.”.

by inserting, immediately after the words “one of its” in subsection (2)(c), the words “officers or”;

by inserting, immediately after paragraph (d) of subsection (2), the following paragraph:“(da)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;”;

by inserting, immediately after the words “A tribunal” in subsection (4), the words “or the Registrar”;

by deleting the words “satisfy itself” in subsection (4) and substituting the words “be satisfied”; and

by inserting, immediately after subsection (4), the following subsection:“(5) In this section, “officer”, for a body corporate, means —

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.”.

Subject to subsection (2), all proceedings before a tribunal are to be conducted in private.(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:

allow one or more individuals to assist in resolving the claim amicably through mediation or conciliation;

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;

allow any individual whom the tribunal deems fit to observe the hearing of the claim.”.

by deleting the word “Where” in subsection (1) and substituting the words “Subject to subsection (1A), where”; (b)by inserting, immediately after the words “such claims” in subsection (1), the words “(called in this section the common group of claims)”;

by inserting, immediately after subsection (1), the following subsection:“(1A) The aggregate value of the common group of claims must not exceed —

in the case where section 5(4) applies to any claim in the common group of claims, the prescribed extended limit; and

in any other case, the prescribed limit.”; and

by deleting the words “one or more of the claims” in subsection (2) and substituting the words “any claim in the common group of claims”.

by deleting the words “subsection (2)” in subsection (1) and substituting the words “subsections (1A) and (2)”; and

by inserting, immediately after subsection (1), the following subsection:“(1A) The aggregate value of the claims of persons represented in a representative claim must not exceed —

in the case where section 5(4) applies to any of those persons’ claims, the prescribed extended limit; and

in any other case, the prescribed limit.”.

in the case where the absent party is the claimant —

dismiss the claim; or

where the proceedings include a counterclaim by the respondent, hear, and make an order under section 35 on, the counterclaim; or

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.”.

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:

an order requiring a party to pay money to another party;

a work order against a party;

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;

an order dismissing the whole or part of the claim;

an order to vary a work order;

an order requiring a party to pay costs to another party;

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;

any ancillary order necessary to give effect to any order made by the tribunal.(2) The total value of a money order or work order made under subsection (1) must not exceed —

in the case where section 5(4) applies, the prescribed extended limit; and

in any other case, the prescribed limit. (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 clerical mistake;

an error arising from an accidental slip or omission;

a material miscalculation of figures, or a material mistake in the description of any person, thing or matter, mentioned in the order or statement;

a defect of form.(4) In this section, “money order” means an order under subsection (1)(a).Enforcement of section 35(1) order

an order made by a tribunal under section 35(1);

an order made by the Registrar under section 17(2), (5) or (7) or 20(4), read with section 35(1).”.

by deleting the words “or 37(3)” in subsection (1); and

by deleting subsections (1B) and (2) and substituting the following subsections:“(2) 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 (1A) and subject to such directions as the District Court thinks fit —

order that the matter be remitted to that tribunal for its reconsideration; or

order a rehearing of the matter by a different tribunal.(3) Any order of a District Court under subsection (1A) or (2) is final and is not subject to an appeal.”.

dismiss the appeal.”.

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 High Court orders otherwise.(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 High Court (as the case may be) thinks fit to impose, including conditions as to costs, payment into the tribunal, District Court or High Court (as the case may be) or the giving of security.(3) The High Court may order a stay of execution of a tribunal’s section 35 order only if —

a District Court has given leave under section 38(1A) to appeal against the tribunal’s section 35 order; and

no application was made to the tribunal or any District Court for a stay of execution of the tribunal’s section 35 order.(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.”.

The following individuals have and enjoy the same protection that a Magistrate has and enjoys under the State Courts Act (Cap. 321):

a tribunal magistrate;

the Registrar, when exercising the jurisdiction and powers of a tribunal. (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.”.

a claim relating to a contract for the sale of goods or the provision of services;

a claim in tort relating to damage caused to any property (other than a claim mentioned in section 4 of the Community Disputes Resolution Act 2015 (Act 7 of 2015));

a claim relating to a contract for the lease of residential premises that does not exceed 2 years;

a claim by an owner developer for the recovery of any charge or interest mentioned in section 22(1) of the Building Maintenance and Strata Management Act (Cap. 30C);

a claim by a management corporation for the recovery of any contribution or interest mentioned in section 40(6) of the Building Maintenance and Strata Management Act;

a claim by the Housing and Development Board for the recovery of any improvement contribution, interest or penalty mentioned in section 65I of the Housing and Development Act (Cap. 129);

a claim by the Council of the Singapore Business Federation for the recovery of any subscription mentioned in section 12(4) of the Singapore Business Federation Act (Cap. 297A);

a claim by a Town Council for the recovery of any improvement contribution, interest or penalty mentioned in section 24H of the Town Councils Act (Cap. 329A);

a claim by a Town Council for the recovery of any charge, fee, expense or penalty mentioned in section 51 of the Town Councils Act.

by deleting the word “Referees” in the long title and substituting the words “tribunal magistrates”;

by deleting the words “in person” in sections 18(2), 20(3) and 25(2) and substituting in each case the words “(personally or by a representative permitted under section 23(2))”;

by deleting the words “Referee of a tribunal” in section 28(5) and substituting the words “tribunal magistrate”; (d)by deleting the word “Referee” in sections 28(6) and (7) and 43(2) and substituting in each case the word “tribunal”;

by deleting the words “a tribunal” in section 28(6) and (7) and substituting in each case the words “the tribunal”;

by repealing sections 31 and 32; (g)by deleting the words “or 29(1)” in section 41(1)(a) and substituting the words “, 29(a)(i) or 35(1) read with section 29(a)(ii) or (b)”; (h)by deleting the words “Referee or” in section 43(1)(a) and substituting the words “tribunal magistrate or”; and

by deleting the words “while a Referee” in section 43(1)(a) and substituting the words “while the tribunal magistrate”.

a claim relating to a contract for the sale of goods or the provision of services;

a claim in tort relating to damage caused to any property (other than a claim mentioned in section 4 of the Community Disputes Resolution Act 2015 (Act 7 of 2015));

a claim relating to a contract for the lease of residential premises that does not exceed 2 years;

a claim by an owner developer for the recovery of any charge or interest mentioned in section 22(1) of the Building Maintenance and Strata Management Act (Cap. 30C);

a claim by a management corporation for the recovery of any contribution or interest mentioned in section 40(6) of the Building Maintenance and Strata Management Act;

a claim by the Housing and Development Board for the recovery of any improvement contribution, interest or penalty mentioned in section 65I of the Housing and Development Act (Cap. 129);

a claim by the Council of the Singapore Business Federation for the recovery of any subscription mentioned in section 12(4) of the Singapore Business Federation Act (Cap. 297A);

a claim by a Town Council for the recovery of any improvement contribution, interest or penalty mentioned in section 24H of the Town Councils Act (Cap. 329A);

a claim by a Town Council for the recovery of any charge, fee, expense or penalty mentioned in section 51 of the Town Councils Act.