1242
Application by defendant to set aside judgment, etc. H. K. Code, s. 82 (27).
Saving of rights of bona fide purchaser of property in case writ dissolved. [ib. s. 82 (28).]
No. 3 of 1901. CODE OF CIVIL PROCEDURE.
476. The defendant may, at any time within 12 months from the date of the judgment, notwithstanding that the property attached, or any part thereof, may have been sold in satisfaction of the plaintiff's claim, apply to the Court, upon notice of motion, for an order to set aside the judgment and for the re-trial of the action and for leave to defend the same; and if it appears to the Court that the defendant had no notice or knowledge of the action and could not reasonably have made an earlier application to the Court, and that he had, at the time of the obtaining of the judgment, and still has, a substantial ground of defence, either wholly or in part, to the action on the merits, it shall be lawful for the Court to grant such order on such terms as may seem just.
477. The dissolving of any writ, or the reversal or setting aside of any judgment given under this Chapter or of any subsequent proceedings, shall not affect the title of any bona fide purchaser for valuable consideration of any property sold in satisfaction of the plaintiff's claim.
Mode of preferring claim against Government. [ib. s. 83 (1).] 23 & 24 Vict. c. 34.
Commencement of action. H. K. Code, s. 83 (2).
Consent of Governor, and procedure thereafter.
CHAPTER XVIII. ACTION AGAINST THE GOVERNMENT.
478. Any claim against the Government of the same nature as claims within the provisions of the Petitions of Right Act, 1860, may be preferred in the Court in an action instituted by the claimant as plaintiff against the Attorney General as defendant.
479. In any such case it shall not be necessary for the plaintiff to issue a writ of summons, but the action shall be commenced by the filing of a statement of claim and the service of a sealed copy thereof on the Crown Solicitor.
480.-(1) On the application of the Crown Solicitor, the Registrar shall deliver to him the original statement of claim for submission to the Governor, whose consent shall be necessary to the continuance of the action. Such consent may be withheld upon such grounds as would justify the Attorney General of England in refusing his fiat.
(2) If the Governor grants his consent as aforesaid, such consent shall be indorsed on the statement of claim, which shall then be returned by the Crown Solicitor to the Registrar.
* As amended by No. 36 of 1911 and No. 1 of 1912. For procedure in actions by the Government see No. 5 of 1910. As amended by No. 36 of 1911.
1242
Application by defendant
to set aside
judgment, etc.
H. K. Code, s. 82 (27).
Saving of rights of bona fide
purchaser of property in
case writ
dissolved. [ib. s. 82 (28).]
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
476. The defendant may, at any time within 12 months from the date of the judgment, notwithstanding that the property attached, or any part thereof, may have been sold in satisfaction of the plain- tiff's claim, apply to the Court, upon notice of motion, for an order to set aside the judgment and for the re-trial of the action and for leave to defend the same; and if it appears to the Court that the defendant had no notice or knowledge of the action and could not reasonably have made an earlier application to the Court, and that he had, at the time of the obtaining of the judgment, and still has, a substantial ground of defence, either wholly or in part, to the action on the merits, it shall be lawful for the Court to grant such order on such terms as may seem just.
477. The dissolving of any writ, or the reversal or setting aside of any judgment given under this Chapter or of any subsequent pro- ceedings, shall not affect the title of any bona fide purchaser for valuable consideration of any property sold in satisfaction of the plaintiff's claim.
Mode of pre- ferring claim against Government. [ib. s. 83 (1).] 23 & 24 Vict. c. 34.
*
Commence-
ment of action.
H. K. Code, s. 83 (2).
+
Consent of Governor,
and proce- dure thereafter.
CHAPTER XVIII.
ACTION AGAINST THE GOVERNMENT.
478. Any claim against the Government of the same nature as claims within the provisions of the Petitions of Right Act, 1860, may be preferred in the Court in an action instituted by the claimant as plaintiff against the Attorney General as defendant.
479. In any such case it shall not be necessary for the plaintiff to issue a writ of summons, but the action shall be commenced by the filing of a statement of claim and the service of a sealed copy thereof on the Crown Solicitor.
480.-(1) On the application of the Crown Solicitor, the Registrar shall deliver to him the original statement of claim for submission to the Governor, whose consent shall be necessary to the con- [ib. s. 83 (3).] tinuance of the action. Such consent may be withheld upon such grounds as would justify the Attorney General of England in re- fusing his fiat.
+
(2) If the Governor grants his consent as aforesaid, such consent shall be indorsed on the statement of claim, which shall then be returned by the Crown Solicitor to the Registrar.
* As amended by No. 36 of 1911 and No. 1 of 1912. For procedure
in actions by the Government see No. 5 of 1910. As amended by No. 36 of 1911.
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