SMALL CLAIMS TRIBUNAL

What is the Small Claims Tribunal (SCT)?

The Small Claims Tribunal (SCT) is a low cost, simplified and a fast track forum allowing parties to resolve their disputes amicably by way of informal mediation before an impartial Registrar. It has limited jurisdiction which is further explained below.

Monetary Jurisdiction

The Small Claims Tribunal hear matters involving monetary claims not exceeding $10,000.

Time limitation period

The claim however, must be filed within 12 calendar months from the date when the cause of action has accrued.

A cause of action is a set of facts that enables you to bring an action or a suit in court.

Parties to the dispute

Claimant      :  The individual named in the claim/notice of consultation.

Respondent :  The individual named in the notice of consultation.

Individuals who can represent in the dispute

Sole Proprietorship  :  The sole proprietor of the entity.

Partnership : Partner or any full-time employee.

Body Corporate  : Director, Chief Executive, Manager, an authorized full – time employee.

Non-resident and who is unable to remain in Brunei Darussalam : any other person who is duly authorized by him/her in writing with the approval of the Registrar or Tribunal.

Types of disputes heard in the Small Claims Tribunal

The types of disputes heard at the SCT are as follows :

  • Disputes arising from a contract for the sales of good
  • Disputes arising from a contract for the provision of services
  • Tort relating to damages caused to property. (not including damages arising from the use of a motor vehicle)
  • Contracts made under the Consumer Protection (Fair Trading) Order 2011

Legal Representation

No legal representation are allowed in SCT proceedings.

STARTING A CLAIM

A claim is instituted under the SCT once a Claimant files his / her claim with the payment of a fee.

RESPONDING TO A CLAIM

A counterclaim is when the Respondent has a claim against the Claimant in the same subject matter of the dispute.

CONSULTATION

Parties are required to appear before a Registrar fixed on the date and time stated on the Notice of Consultation

HEARING

If Consultation fails, the matter is referred to an Adjudicator

ENFORCEMENT OF ORDERS

The Plaintiff may apply to enforce the Order against the Defendant

APPEALS

Any party who does not agree with the Tribunal’s decision may appeal to the High Court

FORMS

Click here for forms and templates parties can use in the Small Claims Tribunal

POSTER

​Click here to view posters of the Small Claims Tribunal processes