Magistrates Court Act 1991

The following provisions are applicable to the trial of a minor civil action:

the trial will take the form of an inquiry by the Court into the matters in dispute between the parties rather than an adversarial contest between the parties;

the Court will itself elicit by inquiry from the parties and the witnesses, and by examination of evidentiary material produced to the Court, the issues in dispute and the facts necessary to decide those issues;

the Court may itself call and examine witnesses;

the parties are not bound by written pleadings;

the Court is not bound by the rules of evidence;

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

At or before the trial of a minor civil action, the Court should explore any possible avenues of achieving a negotiated settlement of the matters in dispute.

After giving judgment in a minor civil action, the

should advise the unsuccessful party of his or her right to apply for review of the proceedings by the District Court; and

should give the successful party any advice or assistance as to the enforcement of the judgment that the Court considers appropriate in the circumstances; and

if there is a judgment debtor who is present, should proceed immediately to investigate his or her means of satisfying the judgment and to take any further action that appears appropriate in view of the results of that investigation.

The following provisions govern representation in minor civil actions:

representation of a party by a legal practitioner will not be permitted unless—

another party to the action is a legal practitioner;

all parties to the action agree; or

the Court is of the opinion that the party would be unfairly disadvantaged if not represented by a legal practitioner;

however, the Court may, in its discretion, permit representation of a party by a legal practitioner at the hearing of an interlocutory application;

if a party to the action is a body corporate, the Court must, if the party seeks to be represented by an officer or employee who is not a legal practitioner, permit such representation;

if a person is subrogated to the rights of a party, the Court will permit that person to appear in the proceedings on behalf of that party and to be represented in the same way as if that person were a party;

the Court will permit a party, or a person subrogated to the rights of a party, to be assisted by a person who is not a legal practitioner but only if that person is not acting for fee or reward.

In a minor civil action costs for getting up the case for trial, or by way of counsel fees, will not be awarded unless all parties were represented by counsel, or the Court is of opinion that there are special circumstances justifying the award of such costs.

The District Court (constituted of a single Judge) may, on the application of a party dissatisfied with a judgment given in a minor civil action, review the matter.

The following provisions apply to such a review by the District

subject to paragraph (ab), the right of a party to be represented by a legal practitioner at the review will be determined in accordance with subsection (4);

if, in the case of a review that relates to a minor civil action in respect of a transferred proceeding within the meaning of Part 3A of the

the Court may inform itself as it thinks fit and, in doing so, is not bound by the rules of evidence;

the Court may, if it thinks fit, re-hear evidence taken before the

in determining the matter, the Court may—

affirm the judgment; or

rescind the judgment and substitute a judgment that the Court considers appropriate; or

if the review arises from a default judgment or summary judgment, rescind the judgment and—

substitute a judgment that the Court considers appropriate;

remit the matter to the Magistrates Court for hearing or further hearing;

in hearing and determining the review, the Court must act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms.

A decision of the District Court on a review is final and not subject to appeal.

However, the District Court may reserve a question of law arising in a review for determination by the Court of Appeal which may determine the question and make any consequential orders or directions appropriate to the circumstances of the case.