10 Sep 2012 Posted in Parliamentary speeches and responses
Mr Lim Biow Chuan, Mountbatten
To ask the Minister for Law whether the Ministry will amend the Small Claims Tribunal Act to provide that all claimants must establish proof of service of their claim against a respondent before the Tribunal makes any order against a respondent.
Under the Small Claims Tribunals Act, it is the Registrar’s duty to serve the claimant’s claim on the respondent, together with a notice for consultation or a notice for hearing, as the case may be. The documents will be served at the last known address of the respondent as provided by the claimant. A record is kept in the case file when service is effected. The claimant is not responsible for effecting service.
If a respondent fails to appear for a consultation or a hearing, the Registrar or the Tribunal can make an order against him. This will only be done if the Registrar or the Tribunal is satisfied that the claim and the relevant notice have been served on the respondent. The claimant is not required to submit proof of service because he is not the person who effects service.
If an order is made against the respondent, he can apply to the Tribunal to set it aside, within a month of the date of the order, or such further period as the Tribunal may allow.
Last updated on 23 Nov 2012