1958-HKRS30-8-48_Part02 — Page 32

Particulars of Painte of Claim.

Points of Defence.

Particulars of Pointa of Defence.

support of his claim as well as the amount of compensation claimed by the claimant. A copy of the Paints of Claim signed by or on behalf of the claimant shall be delivered to the clerk to the tribunal and further copies shall within the same period be delivered by the claimant to all other parties to the dispute, and to the Registrar,

7. If upon receipt by the Director of Public Works of the claimant's Points of Claim the Director of Public Works is of the opinion that the Points of Claim do not set out all reasonable particulars of the facts relied upon, the Director of Public Works may request the claimant to supply such particulars and if the claimant declines to supply such particulars the Director of Public Works may apply to the Registrar for an order that the claimant shall supply such particulars within such time as the Registrar may think ft and that delivery of Points of Defence by the Director of Public Works be postponed until such order is obeyed. Upon such application the Registrar shall make such order as he thinks fit.

8. Within twenty-one days of filing the Points of Claim by the claimant the Director of Public Works shall file Points of Defence. Such Points of Defence shall clearly state which facts set out in the Points of Claim are admitted and which are denied or not admitted and shall further set out with reasonable particularity such relevant facts as are relied upon by him by way of defence to the claimant's claim. A copy of the Points of Defence signed by or on behalf of the Director of Public Works shall be delivered to the clerk to the tribunal and copies thereol shall be delivered by the Director of Public Works to all other parties to the dispute, and to the Registrar.

9. If the claimant upon receipt of the Points of Defence delivered by the Director of Public Works is of the opinion that such Points of Defence do not state with reasonable particularity all the facts relied upon by the Director of Public Works, and if the Director of Public Works after being requested by the claimant to supply such particulars as the claimant may require declines so to do, the claimant may apply to the Registrar for an order that the Director of Public Works do deliver such particulars and upon such application the Registrar may make such order as he thinks fit.

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10. If upon receipt by the Director of Public Works of the Statement

by the statement filed by the claimant in accordance with rule 5 hereof, Director the Director of Public Works is not satisfied that such statement of Public

Works accurately sets out the claim for compensation made by the of claim claimant or the particulars of any compensation assessed by the previously

made by Director of Public Works as recoverable by the claimant, the claimant, Director of Public Works shall file with the Points of Defence a statement in writing giving accurate particulars of the claim for compensation made by the claimant or accurate particulars of any compensation assessed by the Director of Public Works as recoverable by the claimant. If the claimant upon receiving the statement filed by the Director of Public Works in accordance with rule hereof is not satisfied that such statement accurately sets out the claim for compensation made by the claimant or the particulars of any compensation assessed by the Director of Public Works as recoverable by the claimant, the claimant shall within fourteen days from the receipt of such statement file with the clerk to the tribunal a statement in writing giving accurate particulars of the claim for compensation made by the claimant or accurate particulars of any compensation assessed by the Director of Public Works as recoverable by the claimant. In the absence of any statement filed by the Director of Public Works or the claimant in accordance with this rule or of any further statement fled in accordance with rule 12 hereof, the statement filed by the claimant or the Director of Public Works, as the case may be, in accordance with rules hereof shall unless the contrary be shown be accepted as accurate.

11. Copies of the statement referred to in rule 10 hereof, if any, shall be delivered by the party who filed such statement to all other parties to the dispute and to the Registrar.

Filing by the Director of Public Works of such statement.

Offer made of Public by Director

Works after

reference

12. Nothing in these rules shall prejudice the right of the Director of Public Works at any time after the reference of any dispute to the tribunal to serve on the claimant an offer in writing in full settlement of such dispute, either by way of increasing of dispute any assessment made before the reference to the tribunal or to tribunal. where no such assessment has been made previously, by way of an assessment made for the first time. Where an offer is made