222
CAP. 347]
Limitation
[1986 Ed.
(Cap. 4.)
(58 of 1984.) [*27.7.84.
Acquiescence.
1939 c. 21, s. 29,
Application to the Crown.
1939 c. 21. s. 30(1).
(a) in the case of a claim involving a new cause of action, if the new cause of action arises out of the same facts or substantially the same facts as a cause of action in respect of which relief has already been claimed in the action by the party applying for leave to make the amendment; and
(b) in the case of a claim involving a new party, if the addition or substitution of the new party is necessary for the determination of the original action,
(7) The addition or substitution of a new party shall not be regarded for the purposes of subsection (6)(b) as necessary for the determination of the original action unless either-
(a) the new party is substituted for a party whose name was given in any claim made in the original action in mistake for the new party's name; or
(b) any claim already made in the original action cannot be maintained by or against an existing party unless the new party is joined or substituted as plaintiff or defendant in that action.
(8) Subject to subsection (5), rules of court may provide for allowing a party to any action to claim relief in a new capacity in respect of a new cause of action notwithstanding that he had no title to make that claim at the date of the commencement of the action.
(9) Subsection (8) shall not be taken as prejudicing the power of rules of court to provide for allowing a party to claim relief in a new capacity without adding or substituting a new cause of action.
(10) Subsections (3) to (9) shall apply in relation to a new claim made in the course of third party proceedings as if those proceedings were the original action, and subject to such other modifications as may be prescribed by rules of court in any case or class of case.
(11) The power to make rules of court under section 54 of the Supreme Court Ordinance shall include power to make rules of court for the purposes of this section.
(12) Rules of court made before the commencement* of the Limitation (Amendment) Ordinance 1984 which would have been validly made had this section been in operation when they were made shall have effect as from the commencement of the Limitation (Amendment) Ordinance 1984 as if made by virtue of this section. (Replaced, 58 of 1984, s. 2)
36. Nothing in this Ordinance shall affect any equitable jurisdiction to refuse relief on the ground of acquiescence or otherwise.
37. Save as in this Ordinance otherwise expressly provided and without prejudice to the provisions of section 40, this Ordinance shall apply to proceedings by or against the Crown in like manner as it applies to proceedings between subjects: