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Small Claims Tribunals Act · s 17

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s 17Powers of Registrar

(1)

The Registrar shall, 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.

Small Claims Tribunals

(2)

Where such a settlement is made the Registrar shall, at the request of the claimant, make an order under section 38 that gives effect to the terms of the settlement and such order shall have effect as if it were an order of the 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 the tribunal, he shall discontinue all proceedings and advise the claimant and defendant accordingly.

(4)

Any person aggrieved by a decision of the Registrar made under subsection (3) may within one month appeal to the 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 by a representative pursuant to section 24(2), the Registrar may make an order dismissing the claim or, where there is a counterclaim by the defendant, make any order under section 38.

(6)

If a defendant fails to appear at the consultation, by himself or by a representative pursuant to section 24(2), the claimant may apply to the

Registrar for any order under section 38 to be made against the defendant.

(7)

Upon an application under subsection (6), the Registrar shall 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 defendant.

(8)

Any order made by the Registrar under subsection (5) or (7) shall have effect as if it were an order of a tribunal made under section 38.

(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) shall be made within one month after the consultation or such further period as the Registrar may allow.

Small Claims Tribunals 16