A360
Amendment of
section 39.
Amendment of section 41.
Amendment of
section 42.
Amendment of subheadings in Part VII.
Repeal and replacement of section 46.
Ord. No. 52/87
SUPREME COURT (AMENDMENT)
32. Section 39(2) of the principal Ordinance is amended by deleting "deputy or assistant registrar" and substituting the following—
"Master".
33. Section 41 of the principal Ordinance is amended by deleting paragraph (b) and substituting the following-
1981 c. 54,
s. 33.
"(b) to produce such of those documents as are in his possession, custody or power to the applicant or, on such conditions as may be specified in the order—
(i) to the applicant's legal advisers;
(ii) to the applicant's legal advisers and any medical or other professional adviser of the ap- plicant; or
(iii) if the applicant has no legal adviser, to any medical or other professional adviser of the applicant.".
34. Section 42(1) of the principal Ordinance is amended by deleting paragraph (b) and substituting the following--
1981 c. 54,
s. 34.
"(b) to produce such of those documents as are in his possession, custody or power to the applicant or, on such conditions as may be specified in the order-
(i) to the applicant's legal advisers;
(ii) to the applicant's legal advisers and any medical or other professional adviser of the ap- plicant; or
(iii) if the applicant has no legal adviser, to any medical or other professional adviser of the applicant.".
35. Part VII of the principal Ordinance is amended-
(a) by deleting the subheading “Abolition of writs ne exeat" and
substituting the following---
"Writs"; and
(b) by deleting the subheading "Seal" and substituting the
following-
"Seal, Expenses and Costs”.
36. Section 46 of the principal Ordinance is repealed and replaced by the following-
"Writs. Schedule.
46. (1) All writs other than the writs listed in the Schedule are abolished.
(2) The writs listed in the Schedule shall be issued according to the common law except to the extent that the common law is modified by any enactment.".
SUPREME COURT (AMENDMENT)
Ord. No. 52/87
A361
37. Section 48 of the principal Ordinance is repealed and replaced by Repeal and the following-
"Interest on claims for debt and damages. 1981 c.54,
s. 35A.
(Cap. 336.)
48. (1) Subject to rules of court, in proceedings (when- ever instituted) before the High Court for the recovery of a debt or damages there may be included in any sum for which judgment is given simple interest, at such rate as the Court thinks fit or as rules of court may provide, on all or any part of the debt or damages in respect of which judgment is given, or payment is made before judgment, for all or any part of the period between the date when the cause of action arose and— (a) in the case of any sum paid before judgment, the
date of the payment; and
(b) in the case of the sum for which judgment is given,
the date of the judgment.
(2) In relation to a judgment given for damages for personal injuries or death which exceed $30,000 subsection (1) shall have effect-
(a) with the substitution of "shall be included" for
"may be included"; and
(b) with the addition of “unless the Court is satisfied that there are special reasons to the contrary” after "given", where it first occurs.
(3) Subject to rules of court, where—
(a) there are proceedings (whenever instituted) before the High Court for the recovery of a debt; and
(b) the defendant pays the whole debt to the plaintiff (otherwise than in pursuance of a judgment in the proceedings),
the defendant shall be liable to pay the plaintiff interest at such rate as the Court thinks fit or as rules of court may pro- vide on all or any part of the debt for all or any part of the period between the date when the cause of action arose and the date of the payment.
(4) Interest in respect of a debt shall not be awarded under this section for a period during which, for whatever reason, interest on the debt already runs.
(5) Interest under this section may be calculated at different rates in respect of different periods.
(6) For the avoidance of doubt it is declared that in determining, for the purposes of any enactment contained in Part IV of the District Court Ordinance, whether an amount exceeds, or is less than, a sum specified in that Part, no account shall be taken of any power exercisable by virtue of this section or of any order made in the exercise of such a power.
(7) Nothing in this section affects the damages recover- able for the dishonour of a bill of exchange.
replacement of section 48.