690
Rules for concurrent administra.
tion by the court of law and equity.
36 & 37 Vict. c. 66, s. 24. [cf. 15 & 16
Geo. 5, c. 49, ss. 36,
37.]
[cf. No. 3 of 1901, s. 2.]
[cf. 15 & 16 Geo. 5,
c. 49, s. 38.]
No. 2 of 1901.
(c)
(d)
"
LAW AMENDMENT.
The court means the Supreme Court;
1
"Matter" includes every proceeding in the court not
in a cause.
Concurrent administration of law and equity.
3. In every cause or matter commenced in the court, law and equity shall be administered by the court according to the rules following-
(1) if any plaintiff or petitioner claims to be entitled to any equitable estate or right, or to relief upon any equitable ground against any deed, instrument or contract, or against any right, title or claim asserted by any defendant or respondent in such cause or matter, or to any relief founded upon a legal right, which formerly could only have been given by the court in its equitable jurisdiction, the court shall give to such plaintiff or petitioner such and the same relief as ought to have been given by the court in its equitable jurisdiction in a suit or proceeding for the same or the like purpose properly instituted before the commencement of the Hong Kong Code of Civil Procedure;
(2) if any defendant claims to be entitled to any equitable estate or right, or to relief upon any equitable ground against any deed, instrument or contract or against any right, title or claim asserted by any plaintiff or petitioner in such cause or matter, or alleges any ground of equitable defence to any claim of the plaintiff or petitioner in such cause or matter, the court shall give to every equitable estate, right or ground of relief so claimed, and to every equitable defence so alleged, such and the same effect, by way of defence against the claim of such plaintiff or petitioner, as the court in its equitable jurisdiction ought to have given if the same or the like matters had been relied on by way of defence in any suit or proceeding instituted therein for the same or the like purpose before the commencement of the Hong Kong Code of Civil Procedure;
[No. 3 of 1901, s. 2.]
[cf. 15 & 16 Geo. 5, c. 49,
s. 39.]
(3) the court shall also have power to grant to any defendant in respect of any equitable estate or right or other matter of equity, and also in respect of any legal estate, right or title
690
Rules for concurrent administra.
tion by the court of law and equity.
36 & 37 Vict. c. 66, s. 24. [cf. 15 & 16
Geo. 5, c. 49, ss. 36,
37.]
[cf. No. 3 of 1901, s. 2.]
[cf. 15 & 16 Geo. 5,
c. 49, s. 38.]
No. 2 of 1901.
(c)
(d)
"
LAW AMENDMENT.
The court means the Supreme Court;
1
"Matter" includes every proceeding in the court not
in a cause.
Concurrent administration of law and equity.
3. In every cause or matter commenced in the court, law and equity shall be administered by the court according to the rules following-
(1) if any plaintiff or petitioner claims to be entitled to any equitable estate or right, or to relief upon any equitable ground against any deed, instrument or contract, or against any right, title or claim asserted by any defendant or respondent in such cause or matter, or to any relief founded upon a legal right, which formerly could only have been given by the court in its equitable jurisdiction, the court shall give to such plaintiff or petitioner such and the same relief as ought to have been given by the court in its equitable jurisdiction in a suit or proceeding for the same or the like purpose properly instituted before the commencement of the Hong Kong Code of Civil Procedure;
(2) if any defendant claims to be entitled to any equitable estate or right, or to relief upon any equitable ground against any deed, instrument or contract or against any right, title or claim asserted by any plaintiff or petitioner in such cause or matter, or alleges any ground of equitable defence to any claim of the plaintiff or petitioner in such cause or matter, the court shall give to every equitable estate, right or ground of relief so claimed, and to every equitable defence so alleged, such and the same effect, by way of defence against the claim of such plaintiff or petitioner, as the court in its equitable jurisdiction ought to have given if the same or the like matters had been relied on by way of defence in any suit or proceeding instituted therein No. 3 of for the same or the like purpose before the commencement of the 1901, s. 2.]
Hong Kong Code of Civil Procedure;
Te/. 15 & 16
(3) the court shall also have power to grant to any defendant Geo. 5, c. 49, in respect of any equitable estate or right or other matter of equity, and also in respect of any legal estate, right or title
s. 39.]
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