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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69360
Experience:  Over 5 years in practice
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Hi there, if a customer is taking the company to court over

Customer Question

Hi there, if a customer is taking the company to court over a dispute through the small claims court. Is the defendant entitled to claim anything back in form of compensation if the case is successfully defended?
thanks
Michael
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Not usually at the small claims court.
You can try to claim costs but only if a claim was 'vexatious or reasonable' which has generally been interpreted to mean that it has no basis in law. If that is the case then you can always apply for summary judgment to strike it out at an early stage.
On your primary point, there are very few consequences usually to being a vexatious accuser or litigant. There have to be a very large number of incidents of vexatious actions before it becomes clear that the problem lies with the accuser not the accused.
Sorry if that is bad news.
Can I clarify anything for you?
Jo

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