1130
No. 3 of 1901.
Appearance in case of defendant out of jurisdiction. H.K. Code, s. 11.
Cross-action against absent plaintiff.
CODE OF CIVIL PROCEDURE.
47. In every case of service of a writ of summons out of the jurisdiction, the entry of appearance thereto shall specify the name and address of some solicitor, agent, or other person within the jurisdiction on whom substituted service of all further process against the defendant in the action may be effected while the defendant remains out of the jurisdiction, and, in default thereof, the court may proceed with the action as if no appearance had been entered.
48. Where an action is brought by a plaintiff residing out of the jurisdiction, and it is made to appear, by affidavit or otherwise, to the satisfaction of the court, that the defendant has a bona fide claim against the plaintiff which can be conveniently tried by the court, it shall be lawful for the court, in its discretion, to stay proceedings in the action so brought by the absent plaintiff until he has entered an appearance to any cross-action brought by the defendant against him in respect of such claim, on such terms as may seem just.
Motion to set aside service before appearance. O. 12, r. 30.
Leave to proceed ex parte in case of non-appearance.
49. The defendant before appearing shall be at liberty, without obtaining an order to enter or entering a conditional appearance, to apply by summons to set aside the service on him of the writ of summons or to discharge the order authorising such service.
Default of appearance.
50.-(1) If the defendant fails to enter an appearance within the time hereinbefore limited in that behalf, and it is proved, to the satisfaction of the court, that the writ was duly served, the court may give leave to the plaintiff to proceed with the action ex parte.
H.K. Code, s. 12 (1).
Subsequent appearance. H.K. Code, s. 12 (2).
Trial ex parte.
(2) The plaintiff may thereupon file his statement of claim, and apply forthwith to have the cause set down for trial.
51. If the defendant enters an appearance at any time before the trial of the action, he may, on such terms as the court may direct as to the payment of costs or otherwise, be heard in answer to the action, in like manner as if he had duly entered an appearance within the time limited as aforesaid.
52. When the cause has been called on, the court may proceed to try it ex parte, and may, on the evidence adduced by the plaintiff give such judgment as may appear to be just.
H.K. Code, s. 12 (3).