Cap. 380 · Small Claims Tribunal Act (Cap. 380)
Cap. 380 Art. 8Appeals.
(1) An appeal shall lie from a decision of a Tribunal to the
Court of Appeal composed of one judge only in accordance with article 41(9) of the Code of Organization and Civil Procedure. Such appeal shall be entered by an application to be filed within twenty days.
(2) Independently of the amount of the claim, an appeal shall always lie in the following cases:
(a) on any matter relating to the jurisdiction of the Tribunal;
(b) on any question of prescription;
(c) on any non-compliance with the provisions of article 7(2);
(d) where the Tribunal has acted in a serious manner contrary to the rules of impartiality and equity according to law and such action has prejudiced the rights of the appellant.
(3) A right of appeal on all grounds shall also lie where the amount in dispute, calculated in accordance with the provisions of article 3(2), exceeds one thousand and five hundred euro (€1,500).
(4) Where the Court of Appeal finds that the grounds for appeal are justified it shall quash the decision of the Tribunal and shall itself determine the original claim and counter-claim in accordance with the provisions of article 7.
(5) The Court of Appeal may, if it considers the application frivolous or vexatious, dismiss the appeal and order the applicant to pay a penalty which shall not be less than two hundred and fifty euro (€250) and not exceeding one thousand and two hundred and fifty euro (€1,250).
(6) The amount of the penalty shall be due and owing to the
Government as a civil debt, liquidated and certain, and may be collected by the Registrar. The order referred to in subarticle (5) shall constitute an executive title within the meaning and for the purposes of Title VII of Book Second of the Code of Organization and Civil Procedure.
Wijzigingsgeschiedenis
- Amended by L.N. 425 of 2007
Verwijst naar
- Cap. 380 Art. 3
- Cap. 380 Art. 41
- Cap. 380 Art. 7