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s 20

General powers in proceedings

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Part IIIDetermination of disputes
Division 2Disputes determined by the Magistrates Court

20 General powers in proceedings

A competent court hearing any application may —

(a)

hear the application in such manner as it considers best suited to the purposes of this Act; and

(b)

decline to entertain the application if it considers that the application is frivolous; and

(c)

proceed to hear and determine the application in the absence of any party thereto; and

(d)

where a person contravenes subsection (2) of section 19, issue a warrant to bring the person before a competent court for the purposes of subsection (1) of that section; and

(e)

order the refund to a person of a fee paid under section 18(1) by that person; and

(f)

extend or shorten any period prescribed by or under this Act within which any action must be taken, such power to extend a period being exercisable notwithstanding that that period has expired; and

(g)

vary or set aside any order where it considers there are proper grounds for doing so; and

(h)

adjourn the hearing to any time or place or to a time and place to be fixed; and

(i)

allow the amendment of the application; and

(j)

hear the application jointly with any other application; and

(k)

receive in evidence any transcript of evidence in proceedings before the court or any other court and draw any conclusions of fact therefrom that it considers proper; and

(l)

adopt, as it considers proper, any findings, decision or judgment of the court or any other court that may be relevant to the proceedings; and

(m)

generally give all such directions and do all such things that it thinks necessary or expedient in the proceedings.

[Section 20 amended: No. 50 of 1988 s. 12 and 18; No. 59 of 2004 s. 120(1) and (2) and 121; No. 60 of 2011 s. 18.]

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