§ 119 — Procedure for making and hearing claims

119.—(1) The mode of procedure for the making and hearing of claims is as follows:(a)

the person claiming must lodge a memorandum at the office of the Commissioner, specifying shortly the subject matter of the claim and the remedy sought to be obtained, or the person may make a claim in person to the Commissioner who must immediately reduce it or cause it to be reduced in writing;

(b)

upon receipt of the memorandum or verbal claim and of the registration fee payable by the person in accordance with the rates specified in the Second Schedule, the Commissioner must summon in writing the party against whom the claim is made, giving reasonable notice to that party of the nature of the claim and the time and place at which the claim will be inquired into, and the Commissioner must also notify or summon all persons whose interests appear to the Commissioner likely to be affected by the proceedings;

(c)

the Commissioner may also summon such witnesses as either party may wish to call;

(d)

if the party against whom a claim is made wishes to make a counterclaim against the party claiming, the firstmentioned party must notify the Commissioner and the other party in writing of the nature and amount of the counterclaim not less than 3 days before the date of the inquiry;

(e)

at any time between the issuing of summons and the hearing of the claim, the Commissioner may hold or cause to be held a preliminary inquiry at which the party claiming and the party against whom the claim is made must be present after having been notified in writing of the inquiry;

(f)

at the preliminary inquiry the parties may amend or withdraw the whole claim or portion thereof, make a counterclaim or reach a settlement in respect of the claim;

(g)

if a settlement is effected at a preliminary inquiry in respect of a claim or portion thereof, the Commissioner must make an order recording the terms of the settlement and that order has effect as if it were an order made under paragraph (h);

(h)

at the time and place appointed the parties must attend and state their case before the Commissioner and may call evidence, and the Commissioner, having heard on oath or affirmation the statements and evidence and any other evidence which the Commissioner may consider necessary, must give his or her decision and make such order in the prescribed form as may be necessary for giving effect to the decision;

(i)

if any person interested has been duly summoned by the Commissioner to attend at the inquiry and makes default in so doing, the Commissioner may hear the claim and make his or her decision in that person’s absence even though the interest of that person may be prejudicially affected by the Commissioner’s decision;

(j)

the Commissioner must keep a case book, in which he or she is to enter notes of the evidence taken and the decisions arrived at in each case heard before him or her and must authenticate them by attaching his or her signature thereto, and the record in the case book is sufficient evidence of the giving of any decision, or of the making of any order, and of the terms thereof; and any person interested in a dispute, decision or order, is entitled to a copy of the record upon payment of the prescribed fee.

(2) In hearing claims or conducting proceedings under this Part, the Commissioner —(a)

is not bound to act in a formal manner or in accordance with the Evidence Act 1893 but may inform himself or herself on any matters in any manner that he or she thinks just; and

(b)

must act according to equity, good conscience and the merits of the case without regard to technicalities.

(3) All proceedings before the Commissioner are to be held in private.[26/2013]

—(1) The mode of procedure for the making and hearing of claims is as follows:(a)

the person claiming must lodge a memorandum at the office of the Commissioner, specifying shortly the subject matter of the claim and the remedy sought to be obtained, or the person may make a claim in person to the Commissioner who must immediately reduce it or cause it to be reduced in writing;

(b)

upon receipt of the memorandum or verbal claim and of the registration fee payable by the person in accordance with the rates specified in the Second Schedule, the Commissioner must summon in writing the party against whom the claim is made, giving reasonable notice to that party of the nature of the claim and the time and place at which the claim will be inquired into, and the Commissioner must also notify or summon all persons whose interests appear to the Commissioner likely to be affected by the proceedings;

(c)

the Commissioner may also summon such witnesses as either party may wish to call;

(d)

if the party against whom a claim is made wishes to make a counterclaim against the party claiming, the firstmentioned party must notify the Commissioner and the other party in writing of the nature and amount of the counterclaim not less than 3 days before the date of the inquiry;

(e)

at any time between the issuing of summons and the hearing of the claim, the Commissioner may hold or cause to be held a preliminary inquiry at which the party claiming and the party against whom the claim is made must be present after having been notified in writing of the inquiry;

(f)

at the preliminary inquiry the parties may amend or withdraw the whole claim or portion thereof, make a counterclaim or reach a settlement in respect of the claim;

(g)

if a settlement is effected at a preliminary inquiry in respect of a claim or portion thereof, the Commissioner must make an order recording the terms of the settlement and that order has effect as if it were an order made under paragraph (h);

(h)

at the time and place appointed the parties must attend and state their case before the Commissioner and may call evidence, and the Commissioner, having heard on oath or affirmation the statements and evidence and any other evidence which the Commissioner may consider necessary, must give his or her decision and make such order in the prescribed form as may be necessary for giving effect to the decision;

(i)

if any person interested has been duly summoned by the Commissioner to attend at the inquiry and makes default in so doing, the Commissioner may hear the claim and make his or her decision in that person’s absence even though the interest of that person may be prejudicially affected by the Commissioner’s decision;

(j)

the Commissioner must keep a case book, in which he or she is to enter notes of the evidence taken and the decisions arrived at in each case heard before him or her and must authenticate them by attaching his or her signature thereto, and the record in the case book is sufficient evidence of the giving of any decision, or of the making of any order, and of the terms thereof; and any person interested in a dispute, decision or order, is entitled to a copy of the record upon payment of the prescribed fee.

(2) In hearing claims or conducting proceedings under this Part, the Commissioner —(a)

is not bound to act in a formal manner or in accordance with the Evidence Act 1893 but may inform himself or herself on any matters in any manner that he or she thinks just; and

(b)

must act according to equity, good conscience and the merits of the case without regard to technicalities.

(3) All proceedings before the Commissioner are to be held in private.[26/2013]