Small Claims Act

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Published: 1975-05-21

Small Claims Act


2008 Revised Edition

CAP. 7.60






SMALL CLAIMS ACT

Small Claims Act CAP. 7.60 Arrangement of Sections





2008 Revised Edition


Page 3



SMALL CLAIMS ACT

Arrangement of Sections
Section
1 Short title................................................................................................................ 5
2 Interpretation.......................................................................................................... 5
3 Inquiry into and determination of small claims ..................................................... 5
4 Procedure for inquiry into small claims................................................................. 5
5 Judgment after inquiry ........................................................................................... 6
6 Transfer of claims .................................................................................................. 6
7 Regulations ............................................................................................................ 6

Supporting Documents

ENDNOTES 7

Small Claims Act CAP. 7.60 Section 1





2008 Revised Edition


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SMALL CLAIMS ACT

AN ACT TO PROVIDE A PROCEDURE FOR THE INQUIRY INTO AND
DETERMINATION OF SMALL CLAIMS BY MAGISTRATES1

Commencement [21st May 1975]

1 Short title
This Act may be cited as the Small Claims Act.

2 Interpretation
In this Act “small claim” means any personal suit brought in or transferred to a
magistrate's court where the value of the property, debt or damage claimed, whether
as balance of account or otherwise, is not more than $1,000.

3 Inquiry into and determination of small claims
Notwithstanding any other law, a small claim, whether or not the parties thereto
consent, may be enquired into and determined by a magistrate in accordance with
this Act.

4 Procedure for inquiry into small claims
In conducting an inquiry into a small claim under this Act the magistrate —

(a) subject to the other provisions of this Act and to any regulations made
thereunder, shall not be bound by any rule of evidence or procedure;

(b) may summon any person to give evidence on oath and order the
production of any document or thing relevant to the inquiry;

(c) shall, unless the defendant admits the claim in writing, give every party
to the claim the opportunity to give evidence on oath;

Section 5 CAP. 7.60 Small Claims Act





2008 Revised Edition Page 6




(d) subject to any different provision made by regulations made under this
Act, shall have jurisdiction throughout Tuvalu.

5 Judgment after inquiry
(1) After completing an inquiry into a small claim under this Act to his

satisfaction the magistrate shall give judgment in writing upon the claim
which judgment shall contain the point or points for determination, the
decision thereon and the reasons for the decision.

(2) A judgment given under this section shall for all purposes be deemed to be a
judgment of a magistrate's court.

6 Transfer of claims
Notwithstanding the other provisions of this Act, a magistrate may at any time by
order transfer a small claim which is within the jurisdiction of an island court to be
heard and determined by that island court in accordance with the Island Courts Act2.

7 Regulations
The Minister may with the approval of the Chief Justice make regulations in respect
of proceedings under this Act —

(a) regulating the practice and procedure;
(b) regulating the forms to be used and all matters connected therewith;
(c) regulating the jurisdiction of magistrates;
(d) prescribing rules of evidence to be observed;
(e) generally for the better carrying into effect of the provisions, objects

and intentions of this Act.


Small Claims Act CAP. 7.60 ENDNOTES





2008 Revised Edition


Page 7



ENDNOTES


1 1990 Revised Edition, Cap. 93 – Act 1 of 1975
2 Cap. 7.32
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