Singapore legislation

Regulation 15

of Small Claims Tribunals Rules

Regulation 15

Application to set aside order obtained in default of appearance

Amended byS 710/2019 wef 01/11/2019S 342/2006 wef 15/06/2006S 321/2017 wef 10/07/2017S 710/2019 wef 01/11/2019S 342/2006 wef 15/06/2006S 710/2019 wef 01/11/2019S 342/2006 wef 15/06/2006

Subregulation 1

Amended byS 710/2019 wef 01/11/2019

An application under section 41(1) of the Act to set aside a tribunal’s or the Registrar’s order must be made in the appropriate Form within the period specified in section 41(2) of the Act.

Subregulation 2

[Deleted by S 710/2019 wef 01/11/2019]

Subregulation 3

Amended byS 342/2006 wef 15/06/2006S 321/2017 wef 10/07/2017S 710/2019 wef 01/11/2019

Where the application is lodged in accordance with section 41(1) of the Act and this rule, the Registrar shall —

(a)

fix a time and place for the hearing of the application; and

(b)

give notice in the appropriate Form of the hearing so fixed to the applicant, respondent, and every person specified in section 19(1)(b)(ii) of the Act.

Subregulation 4

A copy of the application shall be attached by the Registrar to every notice under paragraph (3) other than that which is given to the applicant.

Subregulation 5

The tribunal may from time to time adjourn the hearing of the application on such conditions as it thinks just.

Subregulation 6

Amended byS 342/2006 wef 15/06/2006S 710/2019 wef 01/11/2019

Where the order of the Registrar or a tribunal to which an application under section 41(1) of the Act refers is set aside, the tribunal may proceed to achieve a settlement, or to hear the claim or counterclaim as provided in these Rules, or to make any order or direction as it thinks just.

Subregulation 7

Amended byS 342/2006 wef 15/06/2006

Where a party who has made an application under section 41(1) of the Act to set aside an order of the Registrar or a tribunal which was made in default of his appearance does not appear at the hearing of his application to set aside the order —-

(a)

the tribunal may dismiss the application and make such orders or ancillary directions as in its opinion are just and expedient; and

(b)

the party who made the application shall be precluded from making any further application under section 41(1) of the Act to set aside any order of the Registrar or a tribunal made in the course of any proceedings relating to the claim.