Page:Small Claims Tribunal Ordinance 1975 (Cap. 338).pdf/10

A348 :(c) remit the matter to the tribunal with such directions as it thinks fit, which may include a direction to the tribunal for a new hearing.

(2) On an appeal under section 28 the Full Court may—
 * (a) draw any inference of fact; and
 * (b) make such order as to costs and expenses as it thinks fit,

but may not—
 * (i) reverse or vary any determination made by the tribunal on questions of fact; or
 * (ii) receive further evidence.

30. Subject to this Part, an appeal from the tribunal shall be brought in such manner and shall be subject to such conditions as may be prescribed.

31. The filing of an application for leave to appeal under section 28 shall not operate as a stay of execution of an award or order unless the tribunal or Full Court, as the case may be, otherwise orders and any stay of execution may be subject to such conditions as to costs, payment into the tribunal, the giving of security or otherwise as the tribunal or Full Court thinks fit. PART VII

32. An award of the tribunal may be enforced in the same manner as a judgment of the District Court.

33. (1) The tribunal may include in the amount of an award interest at such rate as may be prescribed on the whole or any part of the sum claimed for the whole or any part of the period between the date when the cause of action arose and the date of the award.

(2) The powers conferred by subsection (1) may be exercised—
 * (a) whether or not interest is expressly claimed;
 * (b) at any time after the date of the award if it appears to the tribunal that the failure to claim or to award interest was through inadvertence; and
 * (c) where an award is made against the defendant in his absence.

34. (1) In a joint or representative claim the amount of an award shall be paid into the tribunal and there shall be allocated to the parties to the claim the sum of money claimed by each claimant or person represented.

(2) When money is paid into the tribunal by a defendant, in full or part discharge of an award made against him in a joint or representative claim, the defendant shall be deemed to have satisfied his liability under the award to the extent of the amount so paid and shall not be liable to any claimant as to the manner in which such money is allocated by the tribunal.

35. (1) Any person on whom a summons under section 16 has been served who—
 * (a) refuses or neglects, without sufficient cause, to appear or produce any documents required by the summons to be produced; or
 * (b) refuses to be sworn or give evidence,

shall forfeit such fine not exceeding $1,000 as the adjudicator may direct.