Small Claims Tribunals Act · 2024 Revised Edition
50. Penalty for neglect of witness summons
Official textFrom Attorney General's Chambers, unchanged
Any person on whom a summons under section 23 has been served, who —
refuses or neglects, without sufficient cause, to appear or produce any documents required by the summons to be produced; or
refuses to be sworn or give evidence, shall forfeit such fine not exceeding $500 as the adjudicator may direct.
Small Claims Tribunals
A person to whom subsection (1) applies shall not forfeit a fine under that subsection unless there has been paid or tendered to him at the time of service of the summons a reasonable sum in respect of his expenses including any loss of salary or wages.
Any person present before the tribunal who is required to give evidence but refuses to be sworn or to give evidence shall forfeit a fine in accordance with subsection (1).
The adjudicator may, in his discretion, direct that the whole or any part of any such fine shall, after deducting the costs, be applied towards indemnifying the party injured by the refusal or neglect but without prejudice to the right of the party so injured to institute civil proceedings in respect of the injury.
adjudicator
“adjudicator” means an adjudicator and includes a deputy adjudicator appointed under section 4;
Terms defined in s 2
adjudicator
Defined · s 2“adjudicator” means an adjudicator and includes a deputy adjudicator appointed under section 4;
party
Defined · s 2“party” means a claimant or a defendant and any person joined as a third party;