MAGISTRATES COURT (CIVIL PROCEEDINGS) ACT 2004 - SECT 7
MAGISTRATES COURT (CIVIL PROCEEDINGS) ACT 2004 - SECT 7
7 . Consumer/trader claims
(1) In this section
—
consumer means a natural person —
(a) who
buys or hires goods otherwise than —
(i)
for re-sale or letting on hire; or
(ii)
in the course of or for the purposes of a trade or
business carried on, or to be carried on, by the person; or
(iii)
as a member of a business partnership;
or
(b) for
whom services are supplied for fee or reward otherwise than —
(i)
in the course of, or for the purposes of, a trade or
business carried on, or to be carried on, by the person; or
(ii)
as a member of a business partnership,
but does not include a tenant within the meaning
of the Residential Tenancies Act 1987 section 3;
contract includes any agreement, whether written
or oral;
goods includes everything that is the subject of
trade or manufacture or merchandise;
services includes the rights and benefits that
are, or are to be, supplied under a pawnbroking contract or a contract of
insurance, other than a contract of insurance —
(a)
required by the Workers’ Compensation and Injury Management Act 1981 1
; or
(b)
within the meaning of the Motor Vehicle (Third Party Insurance) Act 1943 ;
trader means a person who in the field of trade or
commerce carries on a business of supplying goods or providing services or who
regularly holds himself out as ready to supply goods or to provide services of
a similar nature, but does not include a lessor within the meaning of the
Residential Tenancies Act 1987 section 3.
(2) A person is not a
trader for the purposes of this section if the person, in supplying goods or
providing services —
(a) acts
in the exercise of a discipline that is not ordinarily regarded as being
within the field of trade or commerce; or
(b)
gives effect to the instructions of another who, in providing those
instructions, acts in the exercise of a discipline that is not ordinarily
regarded as being within the field of trade or commerce, and the goods
supplied or the services provided are in all respects in accordance with those
instructions.
(3) For the purposes
of this Act, a consumer/trader claim is a claim —
(a) that
arises out of a contract between a consumer and a trader for the supply of
goods or the provision of services; and
(aa)
that is made by the consumer or the trader against the other; and
(b) that
claims one or more of the following —
(i)
the performance of work, or the provision of services, of
a value that is not more than the jurisdictional limit;
(ii)
the payment, or the relief from payment, of an amount of
money that is not more than the jurisdictional limit;
(iii)
the return or replacement of goods of a value that is not
more than the jurisdictional limit.
[Section 7 amended: No. 5 of 2008 s. 75; No. 60 of
2011 s. 102.]