1964_RULES_OF_THE_SUPREME_COURT — Page 159

1988 Ed.] The Rules of the Supreme Court--Order 42

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judgment should be given, or an order should be made, a judgment or order in such terms may be given effect as a judgment or order of the Court by the procedure provided in rule 5.

(2) This rule applies to any judgment or order which consists of one or more of the following-

(a) any judgment or order for-

(i) the payment of a liquidated sum, or damages to be assessed, or the value of goods to be assessed;

(ii) the delivery up of goods, with or without the option of paying the value of the goods to be assessed, or the agreed value;

(iii) the possession of land where the claim does not relate to a dwelling-house;

(b) any order for-

(c)

(i) the dismissal, discontinuance or withdrawal of any proceedings, wholly or in part;

(ii) the stay of proceedings, either unconditionally or upon conditions as to the payment of money;

(iii) the stay of proceedings upon terms which are scheduled to the order but which are not otherwise part of it (a "Tomlin order");

(iv) the stay of enforcement of a judgment, either unconditionally or upon condition that the money due under judgment is paid by instalments specified in the order:

(v) the setting aside of a judgment in default;

(vi) the transfer of any proceedings to the District Court;

(vii) the payment out of money in court;

(viii) the discharge from liability of any party;

(ix) the payment, taxation or waiver of costs, or such other provision for costs as may be agreed;

(x) any order, to be included in a judgment or order to which the preceding sub-paragraphs apply, for-

(i) the extension of the period required for the service or filing of any pleading or other document;

(ii) the withdrawal of the record;

(iii) liberty to apply, or to restore.

(3) Before any judgment, or order to which this rule applies may be entered, or sealed, it must be drawn up in the terms agreed and expressed as being “By Consent" and it must be indorsed by solicitors acting for each of the parties.

(4) This rule shall not apply to any judgment or order in proceedings which are pending in the Admiralty jurisdiction or in the Commercial List.

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