Small Claims Tribunals Act · 2024 Revised Edition · Part · Procedure
41. Enforcement of work orders
Official textFrom Attorney General's Chambers, unchanged
Where —
a party in whose favour a work order has been made considers that the work order has not been complied with by the other party; and
that other party has not complied with the alternative money order provided for by section 38(1)(c), the party in whose favour the work order was made may, instead of applying to a Court of a Magistrate for issue of a process for enforcement pursuant to section 40(1), file with the tribunal a request in the prescribed form that the work order be enforced.
Subsequent proceedings shall be taken on a request for enforcement under subsection (1) and on notice under section 40(5) as if such request or notice were a claim filed under section 15.
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;
Small Claims Tribunals
Upon the hearing of the matter, the tribunal may —
vary the work order, or make a further work order or any other order which is authorised by section 38;
grant leave to the party in whose favour the work order was made to enforce the alternative money order provided for by section 38
or so much thereof as the tribunal may allow, and either subject to or without compliance with section 40(2); or
discharge any order previously made by the tribunal.
After the expiration of 12 months from the date of a work order, it shall not be enforced without leave of the tribunal.
work order
“work order” means an order to rectify a defect in goods or to make good any deficiency in the performance of services, by doing such work or attending to such matters (including the replacement of goods or parts thereof) as the case may be specified in the order.
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;
party
Defined · s 2“party” means a claimant or a defendant and any person joined as a third party;
work order
Defined · s 2“work order” means an order to rectify a defect in goods or to make good any deficiency in the performance of services, by doing such work or attending to such matters (including the replacement of goods or parts thereof) as the case may be specified in the order.