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bruneilawsby aturio
In force2023 Revised Edition
Contents

7. Jurisdiction and powers of courts

In plain English

A small claims tribunal may hear some unfair practice claims about contracts for goods or services. Other courts may order the return of money, damages, repairs or changes to the contract. No relief is given for goods or services meant for business use. The court considers whether the consumer tried to limit the loss and settle first.

Summary · Drafted with AI, checked against the official text on 30 Sep 2026.

(1)

Notwithstanding section 5(1) of the Small Claims Tribunals

Order, 2006 (S 81/2006), a Small Claims Tribunal shall have jurisdiction to hear and determine —

(a)

any action under section 6(1) insofar as the action relates to an unfair practice involving a relevant contract;

(b)

any action under section 8(6), (7) or (8) insofar as the action relates to an undertaking in respect of an unfair practice involving a relevant contract;

(c)

any action under any regulations made under section 10

insofar as the action relates to a relevant contract, a time share contract or a time share related contract;

(d)

any action under any provisions specified under section 20(2)(j), insofar as the action relates to a relevant contract; or

(e)

any action insofar as it relates to a deposit paid in relation to or in contemplation of a motor vehicle sale contract.

(2)

In subsection (1), “relevant contract” means a contract referred to in section 5(1)(a) (contract for the sale of goods or the provision of services)

of the Small Claims Tribunals Order, 2006 (S 81/2006), and does not include a hire-purchase agreement or sale of immovable property.

(3)

For the avoidance of doubt, section 5(2) to (4) of the

Small Claims Tribunals Order, 2006 (S 81/2006) applies, with the necessary modifications, to a Small Claims Tribunal exercising the jurisdiction conferred by subsection (1).

(4)

For the purposes of determining whether an action under section 6(1) exceeds the Intermediate Court limit under the Intermediate

Courts Act (Chapter 162) or the Court of a Magistrate limit under the

Consumer Protection

(Fair Trading)

12

Subordinate Courts Act (Chapter 6), such an action is deemed to be a claim founded on contract.

(5)

Without prejudice to any other powers of the court to grant relief, a court (other than a Small Claims Tribunal) may in any proceedings where the court finds that a supplier has engaged in an unfair practice —

(a)

order restitution of any money, property or other consideration given or furnished by the consumer;

(b)

award the consumer damages in the amount of any loss or damage suffered by the consumer as a result of the unfair practice;

(c)

make an order of specific performance against the supplier;

(d)

make an order directing the supplier to repair goods or provide parts for goods; or

(e)

make an order varying the contract between the supplier and the consumer.

(6)

For the avoidance of doubt, in an action under section 6(1) before a

Small Claims Tribunal, the Tribunal may make orders pursuant to the provisions of the Small Claims Tribunals Order, 2006 (S 81/2006).

(7)

Notwithstanding subsections (5) and (6), the court shall not grant any relief in respect of any goods or services intended for business use in an action under section 6(1).

(8)

For the purposes of subsection (7), the court may apportion the use of goods and services between business use and non-business use as the court considers just and equitable in the circumstances of the case

(notwithstanding that the goods or services are indivisible) and grant relief only in respect of the portion of goods and services so attributed with non-business use.

(9)

For the purposes of subsections (7) and (8) and section 16, goods or services intended for business use shall include —

(a)

goods or services (as the case may be) that the consumer intends to resell in the course of his business; and

Consumer Protection

(Fair Trading)

(b)

goods that the consumer intends to use up or transform, in the course of his business, in a process of production or manufacturing or in repairing or treating other goods or fixtures, and “business use” and “non-business use” shall be construed accordingly.

(10)

Where the court finds that an unfair practice has occurred, the court shall, in making an order in an action under section 6(1), have regard to whether or not the consumer made a reasonable effort to —

(a)

minimise any loss or damage resulting from the unfair practice; and

(b)

resolve the dispute with the supplier before commencing the action.

Report

Read on from s 8

Schedules