1988 Ed.] The Rules of the Supreme Court-Order 14
[CAP. 4
A 39
[Subsidiary]
(a) to produce any document;
(b) if it appears to the Court that there are special circumstances which make it desirable that he should do so, to attend and be examined on oath.
Application for summary judgment on counterclaim (O. 14, r. 5)
5. (1) Where a defendant to an action begun by writ has served a counterclaim on the plaintiff, then, subject to paragraph (3), the defendant may, on the ground that the plaintiff has no defence to a claim made in the counterclaim, or to a particular part of such a claim, apply to the Court for judgment against the plaintiff on that claim or part.
(2) Rules 2, 3 and 4 shall apply in relation to an application under this rule as they apply in relation to an application under rule 1 but with the following modifications, that is to say-
(a) references to the plaintiff and defendant shall be construed as references to the defendant and plaintiff respectively;
(b) the words in rule 3(2) “any counterclaim made or raised by the defendant in” shall be omitted; and
(c) the reference in rule 4(3) to the action shall be construed as a reference to the counterclaim to which the application under this rule relates.
(3) This rule shall not apply to a counterclaim which includes any such claim as is referred to in rule 1(2).
Directions (O. 14, r. 6)
6. (1) Where the Court-
(a) orders that a defendant or a plaintiff have leave (whether conditional or unconditional) to defend an action or counterclaim, as the case may be, with respect to a claim or a part of a claim, or
(b) gives judgment for a plaintiff or a defendant on a claim or part of a claim but also orders that execution of the judgment be stayed pending the trial of a counterclaim or of the action, as the case may be,
the Court shall give directions as to the further conduct of the action, and Order 25, rules 2 to 7, shall, with the omission of so much of rule 7(1) as requires parties to serve a notice specifying the orders and directions which they require and with any other necessary modifications, apply as if the application under rule 1 of this Order or rule 5 thereof, as the case may be, on which the order was made were a summons for directions.
(2) In particular, and if the parties consent, the Court may direct that the claim in question and any other claim in the action be tried by a master under the provisions of these rules relating to the trial of causes or matters or questions or issues by masters.