1971-HKRS30-16-30_Part03 — Page 23

(Cap. 22)

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held liable to pay to or for the benefit of the plaintiff; and

(b) any reference to the plaintiff or defendant in- cludes a reference to any person who, for the purpose of the proceedings, acts as next friend to the plaintif or guardian of the defendanı.

Application for interim payment.

10. lo an action for personal injuries the plaintiff may, at any time after the writ has been served on a defendant and the time limited for him to appear has expired, apply to the Court for an order requiring that defendant to make an interim payment.

Manner in which application under rule 10 must be made.

11. (1) An application under rule 10 must be made by summons, stating the grounds on which the applica- tion is made, and be supported by an affidavit, which

musl-

(a) verify the special damages, if any, claimed by the plaintiff up to the date of the application. (b) exhibit the hospital and medical reports, if any, relied upon by the plaintiff in support of the application; and

(c) if the plaintiff's claim is made under the Fatal Accidents Ordinance, contain the particulars mentioned in section 6 thereof.

(2) The summons and a copy of the affidavit in support and any exhibit referred to therein must be served on the defendant against whom the order is sought not less than 10 clear days before the return day,

(3) Notwithstanding the making or refusal of an order for an interim payment, a second or subsequent application may be made upon cause shown by reason of a change of circumstances.

Order for interim payment.

12. (1) If, on the hearing of an application under rule 10, 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 claim; or

(b) that the plaintiff bas obtained judgment against the respondent for damages to be assessed; or

(c) that, if the action proceeded to trial, the plaintiff would succeed in the action on the question of liability without any substantial re- duction of the damages for fault on his parı or on the part of any person in respect of whose injury or death the plaintiff's claim arises and would obtain judgment for damages against the respondent or, where there are two or more respondents, against any of them,

the Court may, if it thinks 61 and subject to paragraph (2), order the respondent to make an interim payment of such amount as it chicks just, not exceeding a reason- able proportion of the damages which in the opinion of the Court are likely to be recovered by the plaintiff.

(2) No order shall be made under paragraph (1) if it appears to the Court that the defendant, or, if there are two or more defendants, any of them, is not a person falling within one of the following categories, namely-

(g) a person who is insured in respect of the

plaintiff's claim;

(b) a public authority;

(c) a person whose means and resources are such as to enable him to make the interim payment. (3) Subject to Order 80, rule 12, the amount of any interim payment ordered to be made shall be paid to the plaintiff unless the order provides for it to be paid into court, and where the amount is paid into count, the Court may, on the ex parte application of the plaintiff, order the whole or any part of it to be paid out to him at such time or times as the Court thinks fit.

(4) Aa interim payment may be ordered to be made

in one sum or by such instalments as the Court thinks fit.

Directions on application under rule 10.

13 (1) Where an application is made under rule 10, the Court may give directions as to the further con- duct of the action.

(2) If, in a case to which sub-paragraph (c) of rule 12(1) applies, the Court thinks fit to give directions under this rule before the summons for directions. 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 desire and with any