Repeal and replacement of
sections 15, 16 and 17.
4
(c) by inserting, after subsection (3), the following
1981 c. 54, s. 60.
"(4) Rules of court made under section 54 may prov for orders or judgments of any prescribed description to be treated for any prescribed purpose connected with appeals to the Court of Appeal as final or as interlocutory.
(5) No appeal shall lie from a decision of the Court of Appeal as to whether a judgment or order is, for any purpose connected with an appeal to that court, final or interlocutory.".
11. Sections 15, 16 and 17 of the principal Ordinance are repealed and replaced by the following—
"Application for new trial.
1981 c. 54, s. 17.
Law and equity to be
administered in Supreme Court.
1981 c. 54.
S. 49.
15. (1) Where any cause or matter or any issue in any cause or matter has been tried in the High Court, any application for a new trial thereof, or to set aside a verdict, finding or judgment therein, shall be heard and determined by the Court of Appeal.
(2) Nothing in this section shall alter the practice in bankruptcy.
16. (1) The Court of Appeal and the High Court, when exercising jurisdiction in any civil cause or matter, shall continue to administer law and equity on the basis that, wherever there is any conflict or variance between the rules of equity and the rules of the common law with reference to the same matter, the rules of equity shall prevail.
(2) The Court of Appeal and the High Court shall give the same effect as hitherto-
(a) to all equitable estates, titles, rights, reliefs, defences and counterclaims, and to all equitable duties and liabilities; and
(b) subject thereto, to all legal claims and demands and all estates, titles, rights, duties, obligations, and liabilities existing by the common law or by any custom or created by any Ordinance,
and shall so exercise its jurisdiction in every cause or matter before it as to secure that, as far as possible, all matters in dispute between the parties are completely and finally deter- mined, and all multiplicity of legal proceedings with respect to any of those matters is avoided.
(3) Nothing in this Ordinance shall affect the power of the Court of Appeal or the High Court to stay any proceed- ings before it, where it thinks fit to do so, either of its own motion or on the application of any person, whether or not a party to the proceedings.
Power to award
ages as as, or in
substitution
for, injunction or specific performance.
1981 c. 54,
s. 50.
5
17. Where the Court of Appeal or the High Court has jurisdiction to entertain an application for an injunction or specific performance, it may award damages in addition to, or in substitution for, an injunction or specific performance.".
12. Sections 18 and 19 of the principal Ordinance are repealed.
Repeal of sections 18
and 19.
13. Section 20 of the principal Ordinance is amended by deleting Amendment of subsections (1), (2) and (3) and substituting the following—
1979 c. 53, s. 1.
"(1) Where, under a judgment or order of the High Court, a person (in this section and in sections 20A and 20B referred to as the "debtor") is required to pay a sum of money to another person (in this section and in section 20A referred to as the "creditor") then, for the purpose of enforcing that judgment or order, the High Court may make an order imposing on any such property of the debtor as may be specified in the order a charge for securing the payment of any money due or to become due under the judgment or order.
(2) An order under subsection (1) is referred to in this Ordinance as a "charging order".
(3) In deciding whether to make a charging order the High Court shall consider all the circumstances of the case and, in particular, any evidence before it as to—
(a) the personal circumstances of the debtor; and
(b) whether any other creditor of the debtor would be likely to be unduly prejudiced by the making of the order.".
section 20.
14. The principal Ordinance is amended by adding, after section 20, Addition of the following-
"Property which may be charged.
1979 c. 53, s. 2.
20A. (1) Subject to subsection (3), a charge may be imposed by a charging order only on—
(a) an interest held by the debtor beneficially---
(i) in any asset of a kind mentioned in subsection (2); or
(ii) under any trust; or
(b) an interest held by a person as trustee of a trust (in this paragraph referred to as "the trust"), if the interest is in an asset of a kind mentioned in subsec- tion (2) or is an interest under another trust and-
new sections 20A and 20B.
No comments yet.
Private notes are available after approval.