A 302
[Subsidiary]
(Cap. 8.)
(1894 c. 60.)
CAP. 41 The Rules of the Supreme Court Order 75 [1988 Ed.
Further provisions with respect to evidence (O. 75, r. 32)
32. (3) Unless the Court otherwise directs, Order 38, rule 21, shall not apply in relation to any statement which is admissible in evidence by virtue of section 47, 49 or 50 of the Evidence Ordinance and which an applicant for judgment in default under rule 19 or 21 desires to give in evidence at the hearing of the motion by which the application for judgment is made.
(7) Unless the Court otherwise directs, an affidavit for the purposes of rule 19(4), 21 or 38(2) may, except in so far as it relates to the service of a writ, contain statements of information or belief with the sources and grounds thereof.
Proceedings for apportionment of salvage (O. 75, r. 33)
33. (1) Proceedings for the apportionment of salvage the aggregate amount of which has already been ascertained shall be begun by originating motion.
(3) On the hearing of the motion the judge may exercise any of the jurisdiction conferred by section 556 of the Merchant Shipping Act 1894.
Notice of motion in actions in rem (O. 75, r. 34)
34. (1) The affidavits, if any, in support of a motion in an action in rem must be filed in the Registry before the notice of motion is issued, unless the Court gives leave to the contrary.
(2) A notice of motion, except a motion for judgment in default, must be served on all caveators together with copies of the affidavits, if any, in support of the motion 2 clear days at least before the hearing, unless the Court gives leave to the contrary.
Agreement between solicitors may be made order of court (O. 75, r. 35)
35. (1) Any agreement in writing between the solicitors of the parties to a cause or matter, dated and signed by those solicitors, may, if the Registrar thinks it reasonable and such as the judge would under the circumstances allow, be filed in the Registry, and the agreement shall thereupon become an order of court and have the same effect as if such order had been made by the judge in person.
Limitation action: parties (O. 75, r. 37)
37. (1) In a limitation action the person seeking relief shall be the plaintiff and shall be named in the writ by his name and not described merely as the owner of, or as bearing some other relation to, a particular ship or other property.