1912_CODE_OF_CIVIL_PROCEDURE — Page 40

HK Historical Laws 香港歷史法例 All AI Reviewed

CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

1171

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.

Defence of claim for set-off to money. H. K. Code, s. 36 (1).

counter-set off.

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 counterclaim or cross-action, together or otherwise, and in such manner and on such terms as to costs and other matters, as may seem just.

terclaim may [ib. s. 37.] form 17.

163.—(1) Where a defendant in his statement of defence raises any 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 counterclaim 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 counterclaim, 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.

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CODE OF CIVIL PROCEDURE. No. 3 of 1901. 1171 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. Defence of claim for set-off to money. H. K. Code, s. 36 (1). counter-set off. 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 counterclaim or cross-action, together or otherwise, and in such manner and on such terms as to costs and other matters, as may seem just. terclaim may [ib. s. 37.] form 17. 163.—(1) Where a defendant in his statement of defence raises any 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 counterclaim 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 counterclaim, 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. Page 40 Page 41

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CODE OF CIVIL PROCEDURE. No. 3 of 1901. 1171 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 ex- tends 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. Defence of claim for set-off to money. H. K. Code, s. 36 (1). counter- set off. 162. Where the defendant raises a defence by way of set-off Making of which, in the opinion of the Court, is not admissible as set-off, the claim, etc., Court may, either before or at the trial, on his application, give him in lieu of liberty to withdraw such defence and to make a counterclaim or [ib. s. 36 (2).] bring a cross-action; and may make such order for the trial of the action and the counterclaim or cross-action, together or otherwise, and in such manner and on such terms as to costs and other matters, as may seem just. terclaim may [ib. s. 37.] form 17. 163.—(1) Where a defendant in his statement of defence raises Cases in any specific defence, and it appears to the Court that, on such de- which coun- fence being established, he may be entitled to relief against the be allowed, and procedure plaintiff in respect of the subject-matter of the action, the Court thereon. 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 counterclaim 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 con- duct and trial of the action and the counterclaim, together or other- wise, 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 plain- tiff 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. Page 40Page 41

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CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

1171

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 ex- tends 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.

Defence of claim for

set-off to

money. H. K. Code, s. 36 (1).

counter-

set off.

162. Where the defendant raises a defence by way of set-off Making of which, in the opinion of the Court, is not admissible as set-off, the claim, etc., Court may, either before or at the trial, on his application, give him in lieu of liberty to withdraw such defence and to make a counterclaim or [ib. s. 36 (2).] bring a cross-action; and may make such order for the trial of the action and the counterclaim or cross-action, together or otherwise, and in such manner and on such terms as to costs and other matters, as may seem just.

terclaim may

[ib. s. 37.]

form 17.

163.—(1) Where a defendant in his statement of defence raises Cases in any specific defence, and it appears to the Court that, on such de- which coun- fence being established, he may be entitled to relief against the be allowed,

and procedure plaintiff in respect of the subject-matter of the action, the Court thereon. 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 counterclaim 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 con- duct and trial of the action and the counterclaim, together or other- wise, 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 plain- tiff 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.

1912_CODE_OF_CIVIL_PROCEDURE — Page 40

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