Rechtsbibliotheek en dossieranalyse · Oostenrijk · België · Europese Unie
LAWxPERT Aanmelden Gratis account

Cap. 380 · Small Claims Tribunal Act (Cap. 380)

Cap. 380 Art. 3Establishment of tribunal. 

Van krachtOfficiële tekst

(1) There shall be a Tribunal to be styled the Small Claims Tribunal.

(2) Subject to subarticle (5), the Small Claims Tribunal shall have jurisdiction to hear and determine only all money claims of an amount not exceeding five thousand euro (€5,000):

Provided that, in determining the sum referred to in this subarticle, no account shall be taken of fees and costs relative to the same claim.

(3) (a) If the plaintiff claims payment of several sums due for the same cause, the value of the claim is to be determined by the total amount of the claims.

(b) If the plaintiff claims payment of several sums due for different causes, the value of the claim is determined by the highest sum, irrespective of the smaller sums.

(c) If the claim is for capital and interest, the value is determined by the aggregate of all the capital sums claimed, and the Tribunal shall have jurisdiction over the claim notwithstanding that the capital and interest claimed in their aggregate exceed five thousand euro (€5,000).

(4) The Tribunal shall hold its sittings in such place or places in Malta and Gozo as the Minister may by order in the Gazette determine and the Tribunal shall, as far as practicable, hold the sittings in the Island where the person against whom the claim is * made has his ordinary residence .

*See Legal Notice 142 of 1995.

(5) Causes involving questions of ownership of immovable property, or relating to easements, burdens or other rights annexed to such property, even though the claim does not exceed five thousand euro (€5,000), and causes of ejectment or eviction from immovable property shall not fall within the jurisdiction of the Tribunal.

Wijzigingsgeschiedenis
  • Amended by L.N. 425 of 2007