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Small Claims Court - In Person

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martincymru
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Small Claims Court - In Person

Postby martincymru » Wed, 12 Aug 2015 3:40 pm

Question:
I think the Claimant and Respondent must represent themselves.
Why is this so when in Singapore due to employment laws you may not be physically in the country?

Scenario:
Lost job, 7 days to leave. Landlord not returned deposit.
I am your friend and I will, unpaid, represent you. Cannot.
Is that fair?

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JR8
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Re: Small Claims Court - In Person

Postby JR8 » Wed, 12 Aug 2015 8:14 pm

My experience of the LVT* in London is that it is intended as a forum for the common man. I.e. you (Plaintiff) and your Respondent appear in person, present your evidence, and the tribunal listens to your evidence, questions you, and so reaches a verdict. It is not a forum for professional representation, as the latter, and cost thereof would exclude many people. It's about access for all, in the simplest, least intimidating, and most affordable way.

That's the LVT, but my understanding of the Small Claims Court in the UK is similar. No lawyers, you represent yourself. I know you can request a hearing based upon 'written submissions' at the LVT. I.e. you write in, outline your case, attach all the evidence, and so on, getting a written verdict without you having to attend. But that has the downside that you are not there in person to be questioned re: your submission. That a) risks you having missed out stuff b) means a nimble Respondent can run rings around you in your absence (you can request written submissions, but the Respondent does not have to accept that).

Does the SG-SCT allow you to make written submissions? AFAIR you have to be physically present in SG to file a case. If so I'm not sure what the intention of that is. If so I'm not sure if you have to be resident, or if you could fly in and file a case, then fly out again and have the case heard in your absence.

With the likes of the UK-LVT their website is super-helpful; it is after all pitched at supporting the common man. There is also a government funded NGO there to support you through the process too - the Leasehold Advisory Service. But, as I understand it the SCT itself is pretty new to SG. I might be wrong there, but if so it could be why it has not evolved yet into it's most accessible form.

Have a look at the SG-SCT website. It should be pretty explicit about how it works; the rules as such.


* Leasehold Valuation Tribunal, a property tribunal that is 'junior' to the Lands Tribunal.
'Do it or do not do it: You will regret both' - Kierkegaard

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x9200
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Re: Small Claims Court - In Person

Postby x9200 » Thu, 13 Aug 2015 5:41 am

martincymru wrote:Question:
I think the Claimant and Respondent must represent themselves.
Why is this so when in Singapore due to employment laws you may not be physically in the country?

Scenario:
Lost job, 7 days to leave. Landlord not returned deposit.
I am your friend and I will, unpaid, represent you. Cannot.
Is that fair?


CHAPTER 308
http://statutes.agc.gov.sg/aol/search/d ... s#pr45-he-.

23.—(1) Subject to this section, a party to proceedings before a tribunal shall present his own case.
(2) Subject to subsection (3), where a party to proceedings before a tribunal is —[..]

(h) a person who is not resident in Singapore and who is unable to remain in Singapore until the hearing of the case, any other person who is duly authorised by him in writing may, with the approval of the Registrar or tribunal, present the case on his behalf; [..]

(3) No party to any proceedings before a tribunal shall be represented by an advocate and solicitor or, except as provided by subsection (2), an agent, whether paid or otherwise.

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x9200
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Re: Small Claims Court - In Person

Postby x9200 » Thu, 13 Aug 2015 5:47 am

JR8 wrote:Does the SG-SCT allow you to make written submissions? AFAIR you have to be physically present in SG to file a case. If so I'm not sure what the intention of that is. If so I'm not sure if you have to be resident, or if you could fly in and file a case, then fly out again and have the case heard in your absence.

(from the Chapter 308) [..](6) The Registrar may, in accordance with the rules, permit a claim to be lodged by electronic facsimile or any other prescribed electronic means.

also
https://www.statecourts.gov.sg/SmallCla ... Claim.aspx
Permitted filing method
- At the Registration counter of the Tribunals; or
- By Facsimile (Fax)

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martincymru
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Re: Small Claims Court - In Person

Postby martincymru » Thu, 13 Aug 2015 8:29 am

So you can be represented by a 3rd party.

Interesting 'cos the book I have in front of me (albeit it may be out of date) says that you must represent yourself.

This is important with considering 1/3 of the workers here are non Singaporean.

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x9200
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Re: Small Claims Court - In Person

Postby x9200 » Thu, 13 Aug 2015 8:41 am

Certainly it looks this way and makes a lot of sense. I expect notarized POA should do the job but I would check at the Registrar to be sure - there may be some further requirements, i.e. to prove the grantor left Singapore.


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