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How do I appeal against the Registrar's discontinuance order to the Referee (Small Claims Tribunals)?
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The Registrar is empowered to discontinue a claim if the Registrar is of the view that the claim is outside the jurisdiction of the Tribunals.
You may appeal to the Referee against a discontinuance order made by the Registrar if you believe that your claim was within the jurisdiction of the Tribunals. The application must be made within 1 month from the date on which the order was made. A fee of $20.00 is payable for the filing of an appeal.
Note: There is no appeal against a discontinuance order made by a Referee at the Hearing stage (See: section 38(1) of the Small Claims Tribunals Act (Cap. 308)).
For claims filed before 10 July 2017 (Manually): You may fill out the Notice of Appeal against Order of Registrar" form and file it with the Tribunals. Both parties will be notified of the date and time fixed for the hearing of the application. If you are absent for the Hearing of the application, the application may be dismissed.
For claims filed on or after 10 July 2017 (CJTS): Login to CJTS and complete the e-service "Appeal against Order of Registrar". Parties to a case will be notified of the date for the hearing of the application on CJTS. Print a copy of the "Notice of Hearing" document online and attend at the Tribunals on the stated date and time. If you are absent for the Hearing of the application, the application may be dismissed.
Where an appeal is dismissed, the discontinuance order stands and the claim remains discontinued. Filing fees are not refundable. However, as there is no decision made on the merits of the claim, the claimant may still pursue their claim at other forums.
Where an appeal is allowed by the Tribunal, the Tribunal may proceed to hear the matter and make any order or direction as it thinks just.
An appeal does not operate as a stay of execution of the order appealed from. Enforcement proceedings can continue alongside appeal proceedings.
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