1962-HKRS30-8-53_Part01 — Page 34

Authenticated Laws 確真本香港法例 All

Appearance,

Meadinga

necessary

only when ordered.

Pleadings by leiter.

Admissions

by infonts.

Time for delivery of pleadings.

14

(2) Paragraph (2) of rule 33 of Order 3 of the Code shall not apply to any proceedings in the Court.

30. (1) Appearance to a third party notice shall be in the manner prescribed by rule 21 for appearance to a writ of summons and the provisions of rules 24, 25 and 26 shall apply in default of appearance to a third party notice.

Rule 35 of Order 3 of the Code shall not apply to any pro- ceedings in the Court.

Pleadings.

31. Subject to the provisions of section 33 of the Ordinance relating to notice of a special defence, and to rule 35, pleadings shall not be required, as of course, in the Court, but shall only be necessary where the Court makes an order therefor, and the Code shall, in its application to the Court, have effect accordingly.

32. (1) The Court may by order permit any pleading to be in the form of a letter addressed to the Court, a copy thereof being served on the opposite party.

(2) These rules and the Code, in their application to the Court. shall apply to pleadings so ordered and to orders therefor as they apply to formal pleadings and to orders therefor, and all references in these rules and in the Code, in their application to the Court, to the filing of pleadings shall be construed accordingly:

Provided that where a pleading by letter has been ordered by the Court no objection shall be taken to any pleading by letter whìch, in the opinion of the Court, is sufficiently explicit.

(3) Unless otherwise expressly stated, an order for delivery of any pleading shall be deemed to be an order for delivery of a formal pleading.

33. The exception as to infants contained in rule 8 of Order 5 of the Code shall not apply to any proceedings in the Court unless the Court otherwise directs,

34. (1) Every pleading shall be filed and delivered within such time as the Court shall order.

(2) The Court may, whether before or after the time limited for the delivery of any pleading, extend the time allowed therefor on such terms as to costs, payment into court, giving security, or otherwise as it thinks fit.

(3) Rules 32 and 33 of Order 5 of the Code shall not apply to any proceedings in the Court.

15

35. The provisions of the Code relating to the form and contents Particulurs of statements of claim shall apply to the form and contents of the of claim, particulars of the plaintiff's claim required to be endorsed on the writ

of summons, except so far as the Court may see fit otherwise to allow.

Default of defence.

36. (1) Where a defence has been ondered and the defendant docs Default of not deliver a defence within the time allowed for that purpose, then- defence,

(a) where the plaintiff's claim is for a debt or liquidated demand only, the provisions of rules 56A and 56B of Order 5 of the Code shall apply, to enable the plaintiff to require the Registrar to enter judgment in the Registry in default of defence, with costs, by indorsing the writ filed in the Registry to such effect, subject, in the case of proceedings against the Crown, to the provisions of rule 56C of the said Order, and subject, in the case of a claim by a money-lender or by the assignee of a money-leader for money lent, to the provisions of the said rule 564:

(b) in all other cases the provisions of rule 5 of Order 13 of the

Code shall apply.

(2) Notwithstanding the provisions of this rule the provisions of rule 7 of Order 13 of the Code shall apply to any proceedings in the Court.

Further particulars and amendment of pleadings.

37. (1) Whenever it appears to the Court that the particulars of Further the plaintiff's claim-

particular.

(a) do not comply with any requirement of these rules;

(b) do not adequately disclose a cause of action;

(c) fail to aver facts which if proved would establish the jurisdic-

tion of the Court; or

(d) are otherwise insufficient,

the Court may of its own motion order that the particulars be amended in such manner as it shall direct or that further or better particulars be Eiled and delivered within a limited period.

(2) Any such order may be made on such terms as to staying or dismissing the proceedings and as to costs and otherwise as the Court shall think fit to impose.

(3) If a party requires further or better particulars of an opponent's case be may, at any time before the Court has fixed a date for the trial, give notice to the opponent specifying what further particulars he

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.