Page:Small Claims Tribunal Ordinance 1975 (Cap. 338).pdf/8

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Ord. No. 79/75

(2) The tribunal may, if at any stage of the proceedings it considers that a representative claim may prejudice the defendant, order that the claims of all or any of the persons represented shall be heard separately.

(3) Each person represented in a representative claim shall be deemed to have authorized the representative on his behalf to—

(a) call and give evidence and make submissions to the tribunal on any matter arising during the hearing of the claim;
(b) file affidavits, statements or other documents;
(c) agree to an adjournment or change of venue;
(d) agree to a settlement of the claim on such terms as he thinks fit;
(e) amend or abandon the claim; and
(f) act generally in as full and free a manner as such claimant may act on his own behalf.

(4) The authority deemed to be given to a representative by subsection (3) shall not be withdrawn save by leave of the tribunal.

(5) The tribunal may, at any time before determining any claim, grant leave to any person to join in the claim as a person represented on such terms as it may think fit.

(6) The tribunal may cause public notice to be given, in such manner as it may think fit, of the particulars of a representative claim which has been filed and of the date and place fixed for the hearing of the claim.

Joint defendants. 22. (1) 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 other defendants have not been so served or are not within the jurisdiction of the tribunal.

(2) 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.

(3) An award against a defendant in respect of a liability jointly with another person shall not discharge such other person from his liability.

(4) 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.

(5) 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.

Evidence. 23. (1) The rules of the common law relating to the admissibility of evidence shall not apply in proceedings in the tribunal, which may receive any material which it considers relevant.

(2) The (Cap. 8.)Evidence Ordinance shall apply to proceedings in the tribunal.

Costs. 24. (1) Subject to subsection (2), the tribunal may award to a party costs and expenses, which may include—

(a) any reasonable expenses necessarily incurred and any loss of salary or wages suffered by that party; and