684
Payment into Court not to be communicated to the jury.
O.22 r. 22.
Defence of set-off to claim for money. H. K. Code, s. 36 (1.)
No. 3.] THE ORDINANCES OF HONGKONG: (A.D. 1901,
the provisions of this Chapter relating to payment into Court and tender in the same manner as in the action tried.
160. Where a cause or matter is tried by the Court with a jury, no communication to the jury shall be made, until after the verdict has been given, either of the fact that money has been paid into Court or of the amount paid in. The jury shall be required to find the amount of the debt or damages, as the case may be, without reference to any payment into Court.
161.-(1.) A defence of set-off to a claim for money, whether in debt or in damages, must be accompanied by a statement of the particulars of the set-off.
(2.) If it is pleaded as a sole defence, it must also, unless it extends to the whole amount of the plaintiff's claim, be accompanied by payment into Court of the amount to which, on the defendant's showing, the plaintiff is entitled; and, in default of such payment, the defendant shall be liable to bear the costs of the action, even if he succeeds in his defence to the extent of the set-off pleaded.
Counterclaim.
Making of counter-claim, etc., in lieu of set-off. Ib. s. 36 (2.)
Cases in which may be allowed, and procedure thereon. Ib. s. 37. Schedule: Form No. 17.
162. Where the defendant raises a defence by way of set-off which in the opinion of the Court, is not admissible as set-off, the Court may, either before or at the trial, on his application, give him liberty to withdraw such defence and to make a counterclaim or bring a cross-action; and may make such order for the trial of the action and the counter-claim or cross-action, together or otherwise, and in such manner and on such terms as to costs and other matters, as may seem just.
163.-(1.) Where a defendant in his statement of defence raises any counterclaim specific defence, and it appears to the Court that, on such defence being established, he may be entitled to relief against the plaintiff in respect of the subject-matter of the action, the Court may, on the application of the defendant either before or at the trial, if under the circumstances of the case it thinks fit, give liberty to the defendant to file a counter-claim by a cross-statement of claim in the same action, asking for relief against the plaintiff, either alone or along with other persons; and may make such order for the conduct and trial of the action and the counter-claim, together or otherwise, and in such manner and on such terms as to costs and other matters, as may seem just.
(2.) The Court may, if in any case it thinks fit, require the plaintiff to give security, to the satisfaction of the Court, by deposit or otherwise, to abide by and perform the decision of the Court on the counterclaim.
684
Payment into Court not to be communi- cated to the jury.
0.22 r. 22.
Defence of
set-off to
claim for money. H. K. Code, s. 36 (1.)
No. 3.] THE ORDINANCES OF HONGKONG: (A.D. 1901,
I
the provisions of this Chapter relating to payment into Court and tender in the same manner as in the action tried.
160. Where a cause or matter is tried by the Court with a jury, no communication to the jury shall be made, until after the verdict has been given, either of the fact that money has been paid into Court or of the amount paid in. The jury shall be required to find the amount of the debt or damages, as the case may be, without reference to any pay- ment into Court.
161.-(1.) A defence of set-off to a claim for money, whether in debt or in damages, must be accompanied by a statement of the parti oulars of the set-off.
(2.) If it is pleaded as a sole defence, it must also, unless it extends to the whole amount of the plaintiff's claim, be accompanied by pay ment into Court of the amount to which, on the defendant's showing, the plaintiff is entitled; and, in default of such payment, the defendant shall be liable to bear the costs of the action, even if he succeeds in his defence to the extent of the set-off pleaded.
}
}
Counterclaim.
Making of counter-
claim, etc., in lieu of set-off.
Ib. a. 36 (2.)
Cares în which
may be allowed, and procedure thereon.
Ib. s. 37. Schedule:
162. Where the defendant raises a defence by way of set-off which in the opinion of the Court, is not admissible as set-off, the Court may, either before or at the trial, on his application, give him liberty to with- draw such defence and to make a counterclaim or bring a cross-action- and
may make such order for the trial of the action and the counter- claim or cross-action, together or otherwise, and in such manner and on such terms as to costs and other matters, as may seem just.
163.-(1.) Where a defendant in his statement of defence raises any counterclaim specific defence, and it appears to the Court that, on such defence being established, he may be entitled to relief against the plaintiff in respect of the subject-matter of the action, the Court may, on the application of the defendant either before or at the trial, if under the circumstances of the case it thinks fit, give liberty to the defendant to file a counter- Form No. 17. claim by a cross-statement of claim in the same action, asking for relief against the plaintiff, either alone or along with other persons; and may make such order for the conduct and trial of the action and the counter- claim, together or otherwise, and in such manner and on such terms as to costs and other matters, as may seem just.
to
(2.) The Court may, if in any case it thinks fit, require the plaintiff give security, to the satisfaction of the Court, by deposit or otherwise, to abide by and perform the decision of the Court on the counterclaim.
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