1988 Ed.] The Rules of the Supreme Court-Order 29
[CAP. 4
(c) if the plaintiff's claim is made under the Fatal Accidents Ordinance, contain the particulars mentioned in section 5(4) of that Ordinance.
(4) The summons and a copy of the affidavit in support and any documents exhibited thereto shall be served on the defendant against whom the order is sought not less than 10 clear days before the return day.
(5) Notwithstanding the making or refusal of an order for an interim payment, a second or subsequent application may be made upon cause shown.
Order for interim payment in respect of damages (O. 29, r. 11)
11. (1) If, on the hearing of an application under rule 10 in an action for damages, the Court is satisfied---
(a) that the defendant against whom the order is sought (in this paragraph referred to as "the respondent") has admitted liability for the plaintiff's damages; or
(b) that the plaintiff has obtained judgment against the respondent for damages to be assessed; or
(c) that, if the action proceeded to trial, the plaintiff would obtain judgment for substantial damages against the respondent or, where there are two or more defendants, against any of them,
the Court may, if it thinks fit and subject to paragraph (2), order the respondent to make an interim payment of such amount as it thinks just, not exceeding a reasonable proportion of the damages which in the opinion of the Court are likely to be recovered by the plaintiff after taking into account any relevant contributory negligence and any set-off, cross-claim or counterclaim on which the respondent may be entitled to rely.
(2) No order shall be made under paragraph (1) in an action for personal injuries if it appears to the Court that the defendant is not a person falling within one of the following categories, namely--
(a) a person who is insured in respect of the plaintiff's claim;
(b) a public authority; or
(c) a person whose means and resources are such as to enable him to make the interim payment.
Order for interim payment in respect of sums other than damages
(O. 29, r. 12)
12. If, on the hearing of an application under rule 10, the Court is satisfied-
(a) that the plaintiff has obtained an order for an account to be taken as between himself and the defendant and for any amount certified due on taking the account to be paid; or
A 111
[Subsidiary]
(Cap. 22.)