Consumer Affairs Act (Cap. 378)

Consumer Affairs Act (Cap. 378), article 25

Official PDF on legislation.mt

25. (1) In any award the arbiter sh all determine the costs that any of the parties is to pay t o the other and unless special circumstances so warrant, the losing party shall be ordered to pay the costs of the party in whose favour the decision is awarded: Provided that where the arbite r is satisfied that a claim presented before the Tribunal or any defence offered in respect thereof is vexatious or frivolou s, he may order the claimant or the defendant, as the case may be, to pay to the other party a pena lty of not more than one hundred and tw enty euro (€120). Any such orde r shall be motivated and enforc eable in the same manner as a decision of the Tribunal. (2) Costs shall be limited to expenses made directly in connection with the case by the p arty in whose favour the payme nt of costs is awarded: Provided that in no case shall costs be awarded in connection with any expenses cons isting of legal fees or any fe es however so called paid by any of the parties to advocates, lega l procurators or any other person assisting the parties before th e tribunal. CONSUMER AFF AIRS [CAP. 378. 33 Cap.12. (3) A decision of the Tribunal which has become res judicata may be enforced, depending on the residence of the person again st whom enforcement is sought, by th e Court of Magistrates (Malta) or by the Court of Magistrates ( Gozo), as an executive title un der the Code of Organization and Civil Procedure : Provided that the Court fees payable in respect of any warrant issued for the purpose of enforcing a decision of the Tribunal shall amount to one-half of the court fees applicable in respect of warrants issued for the purpose of enforcement of judgments of the Court of Magistrates referred to herein. Failure to comply with decisions. Added by: II. 2008.19. Substituted by: VI. 2011.94.

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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.