Kumar v Prasad [2014] FJMC 38; Civil Appeal 72.2013 (18 March 2014)

IN THE MAGISTRATE'S COURT
AT SUVA
FIJI ISLANDS
CIVIL JURISDICTION

Civil Appeal No. 72 of 2013
SCT Claim # 2020/2013

Between:

Joseph Kumar
Appellant (Magistrates Court)/ Respondent (Small Claims Tribunal)

And:

Ruvendra Prasad
Respondent (Magistrates Court)/
Claimant (Small Claims Tribunal)

Appellant/ Original Respondent: In Person
Respondent/ Original Claimant: In Person.

Ruling

1). Introduction
The Appellant/Original Respondent (Joseph Kumar) in this action has appealed the decision of the Referee, dated 13th August 2013 that the "... the Court [Tribunal] was unfair and biased."

At hearing the parties sought that the matter be heard by way of written submission. Both were given time to make submissions. The Appellant only made submissions which have been considered.

2). The Law
Section 33 of the Small Claims Tribunal Decree 1991 provides that:

"(1) Any party to proceedings before a Tribunal appeal against an order made by the Tribunal under section 15(6) or section 31(2) on the grounds that:

(a) the proceedings were conducted by the Referee in a manner which was unfair to the appellant and prejudicially affected the result of the proceedings; or

(b) the Tribunal exceeded its jurisdiction."

The scope of appeals from SCT is extremely limited. The appeal only lies where it can be said that either the proceedings were conducted in a manner which was unfair to the appellant and prejudicially affected the result of the proceedings or the Tribunal exceeded its jurisdiction. There can be no appeal on merits: Sheet Metal and Plumbing (Fiji) Limited v. Deo – HBA 7 of 1999.

3). Observations
The primary concern of this Court is whether the appellant has met the threshold set out in section 33(1) (a) and (b) of the "Small Claims Tribunal" Decree. The grounds of Appeal advanced by the Appellant have been reproduced above. This Court has carefully examined the Small Claims Tribunal records, the documents tendered in the Small Claims Tribunal and the submissions made by the parties.

4.) Conclusion

The appellant has alleged that the Referee was unfair and biased. This Court has carefully perused the Tribunal records and all the documents that were filed in SCT. From its perusal of the documents and the records this Court finds that the Referee fairly dealt with the claim. He considered all matters which were before him.

For the given reasons given above, the appeal is dismissed. Any party aggrieved with this Ruling has the right to appeal to the High Court within 30 days.

Chaitanya Lakshman
RESIDENT MAGISTRATE

18th March 2014