680
Mode of stating distinct claims. O.20 r. 7.
Service of statement of claim on defendant who has appeared.
H. K. Code, s. 29 (1.)
Power to order service forthwith
No. 3.]
THE ORDINANCES OF HONGKONG: [A.D. 1901
139.-(1.) Where the plaintiff seeks relief in respect of several distinct claims or causes of complaint founded upon separate and distinct grounds, they shall be stated, as far as may be, separately and distinctly (2.) The same rule shall apply where the defendant relies upon several distinct grounds of defence, set-off, or counterclaim founded upon separate and distinct facts.
Service of Statement of Claim.
140. After the filing of the statement of claim, the plaintiff shall forthwith cause a copy thereof under the Seal of the Court to be served on the defendant, and such copy shall contain a memorandum indorsed thereon requiring the defendant to file a statement of defence to the statement of claim within three weeks from the day of such service or, in a case of service out of the jurisdiction, within such time as the Court have ordered: Provided that no such service of the statement of claim shall be required to be made on any defendant who has failed to enter an appearance and as against whom the plaintiff has obtained the leave of the Court to proceed with his action ex parte.
141. Where service of the writ of summons is directed to be made out of the jurisdiction, the Court may order that the statement of claim be filed forthwith and that a copy thereof under the Seal of the Court be served on the defendant concurrently with the writ.
Ib. s. 29 (2.)
Power to stay proceedings where statement of claim is defective. Ib. s. 30.
Time for filing statement of defence. Ib. s. 33 (1.)
Schedule: Form No. 16. Application for extension of time.
Ib. s. 33 (1.), (2.)
Staying Proceedings for Defect in Statement of Claim.
142. Where a statement of claim is defective on the face of it by reason of non-compliance with any provision of this Code, the Court may either on the application of the defendant or of its own motion, make an order to stay proceedings in the action until the defect is remedied.
Statement of Defence.
143. The defendant shall file in the Registry a statement of defence to the statement of claim within three weeks from the date of the service thereof or, in a case of service out of the jurisdiction, within such time as the Court may have ordered.
144.—(1.) The defendant may apply to the Court for further time to file his statement of defence, on a summons stating the further time required.
(2.) The application, unless it is consented to, must be supported by affidavit, or, if the Court in its discretion permits, by oral evidence upon oath, showing that there is reasonable ground for the application and that it is not made for the purpose of delay.
680
Mode of stating dis- tinct claims. 0.20 r. 7.
Service of
statement of claim on defendant
who has appeared.
H. K. Code, 8. 29 (1.)
Power to order service
forthwith
No. 3.]
THE ORDINANCES OF HONGKONG: [A.D. 1901 139.-(1.) Where the plaintiff seeks relief in respect of several dis- tinct claims or causes of complaint founded upon separate and distinct grounds, they shall be stated, as far as may be, separately and distinctly (2.) The same rule shall apply where the defendant relies upon several distinct grounds of defence, set-off, or counterclaim founded upon sep- arate and distinct facts.
Service of Statement of Claim.
140. After the filing of the statement of claim, the plaintiff shall forth with cause a copy thereof under the Seal of the Court to be served on the defendant, and such copy shall contain a memorandum indorsed thereon requiring the defendant to file a statement of defence to the statement of claim within three weeks from the day of such service or, in a case of service out of the jurisdiction, within such time as the Court have ordered: Provided that no such service of the statement of claim may shall be required to be made on any defendant who has failed to enter an appearance and as against whom the plaintiff has obtained the leave of the Court to proceed with his action ex parte.
141. Where service of the writ of summons is directed to be made out of the jurisdiction, the Court may order that the statement of claim where writ to be filed forthwith and that a copy thereof under the Seal of the Court
be served on the defendant concurrently with the writ.
be served out of jurisdic-
tion.
Ib. s. 29 (2.)
Power to stay proceedings where state-
ment of claim
is defective. Ib. a. 30.
Time for
filing state- ment of defence.
Ib. 8. 33 (1.) Schedule: Form No. 16. Application for extension
of time.
16. B. 33 (1.), (2.)
Staying Proceedings for Defect in Statement of Claim.
142. Where a statement of claim is defective on the face of it by reason of non-compliance with any provision of this Code, the Court may either on the application of the defendant or of its own motion, make an order to stay proceedings in the action until the defect is remedied.
Statement of Defence.
143. The defendant shall file in the Registry a statement of defence to the statement of claim within three weeks from the date of the service thereof in a case of service out of the jurisdiction, within such time as the Court may have ordered.
or,
144.—(1.) The defendant may apply to the Court for further time to file his statement of defence, on a summons stating the further time required.
(2.) The application, unless it is consented to, must be supported by affidavit, or, if the Court in its discretion permits, by oral evidence upon oath, showing that there is reasonable ground for the application and that it is not made for the purpose of delay..
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