1988 Ed.] The Rules of the Supreme Court Order 37
{CAP. 4
(d) remit the whole or any part of the question or issue originally referred to him for further consideration by him or any other master; or
(e) decide the question originally referred to him on the evidence taken before him either with or without additional evidence.
(4) When the report of the master has been made, an application to vary the report or remit the whole or any part of the question or issue originally referred may be made on the hearing by the Court of further consideration of the cause or matter, after giving not less than 4 days' notice thereof, and any other application with respect to the report may be made on that hearing without notice.
A 129
[Subsidiary]
ORDER 37
DAMAGES: ASSESSMENT AFTER JUDGMENT AND ORDERS FOR PROVISIONAL DAMAGES
I. ASSESSMENT OF DAMAGES AFTER JUDGMENT
Assessment of damages by a master (O. 37, r. 1)
1.
(1) Where judgment is given for damages to be assessed and no provision is made by the judgment as to how they are to be assessed, the damages shall, subject to the provisions of this Order, be assessed by a master, and the party entitled to the benefit of the judgment may, after obtaining the necessary appointment from a master and, at least 7 days before the date of the appointment, serving notice of the appointment on the party against whom the judgment is given, proceed accordingly.
(2) Notwithstanding anything in Order 65, rule 9, a notice under this rule must be served on the party against whom the judgment is given.
(3) The attendance of witnesses and the production of documents before a master in proceedings under this Order may be compelled by writ of subpoena, and the provisions of Order 35 shall, with the necessary adaptations, apply in relation to those proceedings as they apply in relation to proceedings at a trial.
Certificate of amount of damages (O. 37, r. 2)
2. Where in pursuance of this Order or otherwise damages are assessed by a master, he shall certify the amount of the damages and the certificate shall, when judgment is entered, be filed in the Registry.
Default judgment against some but not all defendants (O. 37, r. 3)
3.
Where any such judgment as is mentioned in rule 1 is given on failure to give notice of intention to defend or in default of
*
1988 Ed.] The Rules of the Supreme Court Order 37
{CAP. 4
(d) remit the whole or any part of the question or issue originally referred to him for further consideration by him or any other master; or
(e) decide the question originally referred to him on the evidence taken before him either with or without addi- tional evidence.
(4) When the report of the master has been made, an applica- tion to vary the report or remit the whole or any part of the question or issue originally referred may be made on the hearing by the Court of further consideration of the cause or matter, after giving not less than 4 days' notice thereof, and any other application with respect to the report may be made on that hearing without notice.
A 129
[Subsidiary]
ORDER 37
DAMAGES: ASSESSMENT AFTER JUDGMENT AND ORDERS FOR PROVISIONAL DAMAGES
I. ASSESSMENT OF DAMAGES AFTER JUDGMENT
Assessment of damages by a master (0. 37, r. 1)
1.
(1) Where judgment is given for damages to be assessed and no provision is made by the judgment as to how they are to be assessed, the damages shall, subject to the provisions of this Order, be assessed by a master, and the party entitled to the benefit of the judgment may, after obtaining the necessary appointment from a master and, at least 7 days before the date of the appointment, serving notice of the appointment on the party against whom the judgment is given, proceed accordingly.
(2) Notwithstanding anything in Order 65, rule 9, a notice under this rule must be served on the party against whom the judgment is given.
(3) The attendance of witnesses and the production of docu- ments before a master in proceedings under this Order may be compelled by writ of subpoena, and the provisions of Order 35 shall, with the necessary adaptations, apply in relation to those proceedings as they apply in relation to proceedings at a trial.
Certificate of amount of damages (O. 37, r. 2)
2. Where in pursuance of this Order or otherwise damages are assessed by a master, he shall certify the amount of the damages and the certificate shall, when judgment is entered, be filed in the Registry.
Default judgment against some but not all defendants (O. 37, r. 3)
3.
Where any such judgment as is mentioned in rule 1 is given on failure to give notice of intention to defend or in default of
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