Small Claims Tribunals Act · 2024 Revised Edition · Part · Procedure
30. Joint defendants
Official textFrom Attorney General's Chambers, unchanged
If two or more persons are defendants in proceedings in the tribunal, as partners or otherwise, the claim may be heard and determined in relation to any of such defendants who have been duly served with a written claim notwithstanding that the other defendants have not been so served or are not within the jurisdiction of the tribunal.
If an award is made against a defendant under subsection (1) and is satisfied by him, he shall be entitled to claim in proceedings in the tribunal contribution from any other person jointly liable with him.
defendant
“defendant” means any person against whom a claim is made by a claimant other than — (a) a claimant against whom relief is sought by way of counterclaim; and (b) a person who is being represented in a representative claim;
An award against a defendant in respect of a liability jointly with another person shall not discharge such other person from his liability.
A person against whom a claim is made in respect of a liability jointly with any other person may set up any defence or counterclaim which he would have been entitled to set up if all the persons jointly liable with him were defendants.
claim
“claim” means a claim filed with a tribunal under section 15 and includes a proceeding in the tribunal between a claimant and a defendant;
If two or more persons are joined as defendants, the claimant may obtain an award against any one or more of the defendants and may enforce the award without prejudice to his right to proceed with the claim against any other defendant.
claimant
“claimant” means a person who files a claim with a tribunal other than — (a) a defendant entering a counterclaim; and (b) a person who is being represented in a representative claim;
Terms defined in s 2
claim
Defined · s 2“claim” means a claim filed with a tribunal under section 15 and includes a proceeding in the tribunal between a claimant and a defendant;
claimant
Defined · s 2“claimant” means a person who files a claim with a tribunal other than — (a) a defendant entering a counterclaim; and (b) a person who is being represented in a representative claim;
defendant
Defined · s 2“defendant” means any person against whom a claim is made by a claimant other than — (a) a claimant against whom relief is sought by way of counterclaim; and (b) a person who is being represented in a representative claim;
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