A District Court civil hearing is a trial in miniature. It has no pleadings and little ceremony, but the same rules of evidence and the same right to be heard apply, and the Act sets out the sequence.
The opening: admit or deny
(1) At the hearing, the substance of the complaint shall be stated to the defendant and he shall be asked if he has any cause to show why an order should not be made against him.
(2) If the defendant admits the truth of the complaint and shows no sufficient cause, the Court, after hearing such evidence as it thinks fit, shall make an order against him.
The Magistrates’ Manual describes this step as capable of bringing out the real issues at the outset. A defendant who admits the debt but wants time to pay should say so here; the Court can make the order with instalments under section 165. A defendant who disputes the claim says so, and the hearing proceeds.
A statement of defence, if asked for
At the close of the opening of the complainant’s case and before any evidence is taken, the defendant shall, if called on by the Magistrate, give a concise statement of his defence to the complaint and of the points on which he relies, and except by leave of the Magistrate is not at liberty to enter on or to give evidence as to any matter not included in the defence so stated.
Section 145(1) requires the statement to be taken down in writing and preserved, and section 145(4)(a) provides that on appeal it is deemed that no other defence was relied on. The Manual recommends magistrates use this provision where the issues are unclear, and suggests a written statement where the defendant can provide one. A defendant should therefore think out every point in advance, because a point omitted from the statement can only be raised by leave.
The evidence
If the defendant does not admit the complaint, the Court shall proceed (a) to hear the complainant and his witnesses and other evidence in support; (b) to hear the defendant and his witnesses and other evidence in defence; and (c) to hear such witnesses as the complainant examines in reply, if evidence was given for the defendant (s 141).
In respect of examination and cross-examination and the right of address, the practice shall be as nearly as practicable that of the National Court on the trial of an action at law (s 142).
| Rule | Provision |
|---|---|
| Witnesses examined on oath | s 62 |
| Witnesses may be ordered out of court until called | s 63 |
| Parties may conduct their own case and cross-examine | s 60 |
| No evidence of a demand not in the particulars, if objected to | s 137 |
| Special defences only if notice was given | s 153; reg 24 |
| Evidence of a departed witness may be read | s 74 |
| Evidence taken down in writing and signed by each witness; exhibits marked and listed | s 145(2) |
The Manual’s advice on relevance applies: irrelevant evidence should be excluded, and section 137 confines the complainant to the case in the summons. Where evidence is by affidavit, the deponent should be available for cross-examination if the other side wants it.
The decision
The Court, having heard what each party has to say and the evidence adduced by each, shall consider and determine the whole matter, and shall make an order against the defendant or dismiss the complaint, or make an order against the complainant or dismiss the set-off, as the case requires.
The standard of proof is the balance of probabilities. Section 160 requires a signed minute of the order, section 161 a formal order if a party requires it for appeal, and section 162 a certificate of dismissal on request. The order may be for a lump sum or by instalments under section 165, and costs are fixed under section 260 within the Regulation scale. The Manual urges magistrates to give reasons at the time, since section 225 will otherwise require a written report on appeal.
Discontinuing to avoid dismissal
Section 147 lets a complainant whose evidence is falling short withdraw the complaint before it is determined, on immediate payment of the reasonable costs the Court fixes, and then sue afresh on the same matter. A defendant advancing a set-off has the same right. Otherwise, section 152 makes the determination final. See withdrawing and suing again.
Absent parties
If the defendant does not appear and service is proved, section 143 allows the Court to proceed ex parte; if the complainant does not appear, section 144 requires dismissal and the hearing of any set-off, or an adjournment. See non-appearance.
Mediation first?
An approved magistrate or an appointed person may mediate a civil matter at any stage, and the Court may adjourn for that purpose. The Manual’s checklist for a civil hearing includes asking whether settlement or mediation has been explored. The 2009 amendment, when it commences, would make mediation compulsory before a civil hearing once rules are made. See mediation.
The District Courts Act is not on PacLII; it is available on vLex.
Before relying on anything here, read the current text of the District Courts Act (Chapter 40) and check for later amendments. The Act is not on PacLII; the figures and time limits quoted in this series come from the consolidation to No 8 of 2000, and the District Courts (Amendment) Act 2009 changes some of them once it is brought into operation. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.