Consumer Affairs Act (Cap. 378)
Consumer Affairs Act (Cap. 378), article 22
22. (1) An appeal made under sub-articles (2) and (3) shall lie
from a decision of a tribunal by means of an application filed
within twenty days from the date of the decision -
(a) in the case of an appeal from the Consumer Claims
Tribunal (Malta) to the Court of Appeal (Inferior
Jurisdiction) sitting in Malta; and
(b) in the case of an appeal from the Consumer Claims
Tribunal (Gozo) to the Court of Appeal (Inferior
Jurisdiction) sitting in Gozo.
(2) An appeal shall lie in the following cases:
(a) on any matter relating to the jurisdiction of the
Tribunal; or
(b) on any question of prescription; or
(c) where the tribunal has acted contrary to the rules of
natural justice and such action has prejudiced the
rights of the appellant.
(3) A right of appeal on all grounds shall also lie where the
amount of the claim in dispute, calculated in terms of article 20(1),
exceeds one thousand two hundred euro.
(4) Where the Court of Appeal finds that the grounds for appeal
are justified it shall quash the decision of the Tribunal and s hall
itself determine the original claim and any counter-claim in
accordance with the provisions of article 21.
(5) The Court of Appeal may, if i t considers the application
frivolous or vexatious, dismiss the appeal and order the appell ant to
pay a penalty which shall not be less than two hundred and thir ty
euro and not exceedi ng one thousand one h undred and seventy
euro.
Cap. 12.
(6) The amount of the penalty shall be due and owing to the
Government as a civil debt, liquidated and certain, and may be
collected by the Registrar. The order referred to in sub-articl e (5)
shall constitute an executive title within the meaning and for the
purposes of Title VII of Book Second of the Code of Organization
and Civil Procedure .
(7) The Minister responsible for justice may be regulations
under this sub-article establish the fees payable in the regist ry of
the courts in relation to the filing of judicial acts in connec tion with
an appeal under this article:
CONSUMER AFF AIRS [CAP. 378. 31
Cap. 12.
Provided that where no such f ees have been so established
the fees contained in Schedule A to the Code of Organization and
Civil Procedure shall apply.
Cap. 12.(8) The board established under article 29 of the Code of
Organization and Civil Procedure may make rules governing
appeals under this article.
Procedure.
Amended by:
XXVI. 2000.11;
VI. 2011.75;
IX. 2011.64.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.