1986 Ed.]
Limitation
[CAP. 347
21
excluded in computing the time prescribed by this Ordinance or any such other Ordinance or imperial enactment as aforesaid for the commencement of proceedings (including arbitration) with respect to the dispute referred.
(6) This section shall apply to an arbitration under an Ordinance as well as to an arbitration pursuant to an arbitration agreement, and subsections (3) and (4) shall have effect, in relation to an arbitration under an Ordinance, as if for the references to the arbitration agreement there were substituted references to such of the provisions of the Ordinance or of any order, scheme, rules, regulations or by-laws made thereunder as relate to the arbitration.
35. (1) For the purposes of this Ordinance, any new claim made in the course of any action shall be deemed to be a separate action and to have been commenced--
(a) in the case of a new claim made in or by way of third party proceedings, on the date on which those proceedings were commenced; and
(b) in the case of any other new claim, on the same date as the original action.
(2) In this section a new claim means any claim by way of set-off or counterclaim, and any claim involving either-
(a) the addition or substitution of a new cause of action; or
(b) the addition or substitution of a new party,
and "third party proceedings" means any proceedings brought in the course of any action by any party to the action against a person not previously a party to the action, other than proceedings brought by joining any such person as defendant to any claim already made in the original action by the party bringing the proceedings.
(3) Except as provided by section 30 or by rules of court, the court shall not allow a new claim within subsection (1)(b), other than an original set-off or counterclaim, to be made in the course of any action after the expiry of any time limit under this Ordinance which would affect a new action to enforce that claim.
(4) For the purposes of subsection (3), a claim is an original set-off or an original counterclaim if it is a claim made by way of set-off or (as the case may be) by way of counterclaim by a party who has not previously made any claim in the action.
(5) Rules of court may provide for allowing a new claim to which subsection (3) applies to be made as there mentioned, but only if the conditions specified in subsection (6) are satisfied, and subject to any further restrictions the rules may impose.
(6) The conditions referred to in subsection (5) are-
New claims in pending actions: rules of court. 1980 c. 58. s. 35.