1964_RULES_OF_THE_SUPREME_COURT — Page 163

HK Historical Laws 香港歷史法例 All AI Reviewed

1988 Ed.] The Rules of the Supreme Court-Order 44

[CAP. 4

A 163

[Subsidiary]

Guardian's accounts (O. 43, r. 9)

9. The accounts of a person appointed guardian of a minor's estate must be verified and passed in such a manner as the Court may direct.

ORDER 44

PROCEEDINGS UNDER JUDGMENTS AND ORDERS

Application to orders (O. 44, r. 1)

1. In this Order references to a judgment include references to an order.

Service of notice of judgment on person not a party (O. 44, r. 2)

(1) Where in an action for-

(a) the administration of the estate of a deceased person, or (b) the execution of a trust, or

the Court gives a judgment or makes a direction which affects persons not parties to the action, the Court may when giving the judgment or at any stage of the proceedings under the judgment direct notice of the judgment to be served on any such person and any person so served shall, subject to paragraph (4), be bound by the judgment as if he had originally been a party to the action.

(2) If it appears that it is not practicable to serve notice of a judgment on a person directed to be served the Court may dispense with service and may also order that such person be bound by the judgment.

(3) Every notice of a judgment for service under this rule must be indorsed with a memorandum in Form No. 52 in Appendix A and accompanied by a form of acknowledgment of service in Form No. 15 in Appendix A with such modifications as may be appropriate.

(4) A person served with notice of a judgment may, within one month after service of the notice on him, and without acknowledg-ing service, apply to the Court to discharge, vary or add to the judgment.

(5) A person served with notice of a judgment may, after acknowledging service of the notice, attend the proceedings under the judgment.

(6) Order 12, rules 1 to 4, shall apply in relation to the acknowledgment of service of a notice of judgment as if the judgment were a writ, and the person by whom the notice is served were the plaintiff and the person on whom it is served a defendant.

App. A. Forms 52, 15.

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1988 Ed.] The Rules of the Supreme Court-Order 44 [CAP. 4 A 163 [Subsidiary] Guardian's accounts (O. 43, r. 9) 9. The accounts of a person appointed guardian of a minor's estate must be verified and passed in such a manner as the Court may direct. ORDER 44 PROCEEDINGS UNDER JUDGMENTS AND ORDERS Application to orders (O. 44, r. 1) 1. In this Order references to a judgment include references to an order. Service of notice of judgment on person not a party (O. 44, r. 2) (1) Where in an action for- (a) the administration of the estate of a deceased person, or (b) the execution of a trust, or (c) the sale of any property, the Court gives a judgment or makes a direction which affects persons not parties to the action, the Court may when giving the judgment or at any stage of the proceedings under the judgment direct notice of the judgment to be served on any such person and any person so served shall, subject to paragraph (4), be bound by the judgment as if he had originally been a party to the action. (2) If it appears that it is not practicable to serve notice of a judgment on a person directed to be served the Court may dispense with service and may also order that such person be bound by the judgment. (3) Every notice of a judgment for service under this rule must be indorsed with a memorandum in Form No. 52 in Appendix A and accompanied by a form of acknowledgment of service in Form No. 15 in Appendix A with such modifications as may be appropriate. (4) A person served with notice of a judgment may, within one month after service of the notice on him, and without acknowledg-ing service, apply to the Court to discharge, vary or add to the judgment. (5) A person served with notice of a judgment may, after acknowledging service of the notice, attend the proceedings under the judgment. (6) Order 12, rules 1 to 4, shall apply in relation to the acknowledgment of service of a notice of judgment as if the judgment were a writ, and the person by whom the notice is served were the plaintiff and the person on whom it is served a defendant. App. A. Forms 52, 15.

Baseline (Original)

1988 Ed.] The Rules of the Supreme Court-Order 44 [CAP. 4 A 163 [Subsidiary] Guardian's accounts (O. 43, r. 9) 9. The accounts of a person appointed guardian of a minor's estate must be verified and passed in such a manner as the Court may direct. ORDER 44 PROCEEDINGS UNDER JUDGMENTS AND ORDERS Application to orders (O. 44, r. 1) 1. In this Order references to a judgment include references to an order. Service of notice of judgment on person not a party (O. 44, r. 2) (1) Where in an action for- 2. (a) the administration of the estate of a deceased person, or (b) the execution of a trust, or (c) the sale of any property, the Court gives a judgment or makes a direction which affects persons not parties to the action, the Court may when giving the judgment or at any stage of the proceedings under the judgment direct notice of the judgment to be served on any such person and any person so served shall, subject to paragraph (4), be bound by the judgment as if he had originally been a party to the action. (2) If it appears that it is not practicable to serve notice of a judgment on a person directed to be served the Court may dispense with service and may also order that such person be bound by the judgment. (3) Every notice of a judgment for service under this rule must be indorsed with a memorandum in Form No. 52 in Appendix A and accompanied by a form of acknowledgment of service in Form No. 15 in Appendix A with such modifications as may be appropriate. (4) A person served with notice of a judgment may, within one month after service of the notice on him, and without acknowledg- ing service, apply to the Court to discharge, vary or add to the judgment. (5) A person served with notice of a judgment may, after acknowledging service of the notice, attend the proceedings under the judgment. (6) Order 12, rules 1 to 4, shall apply in relation to the acknowledgment of service of a notice of judgment as if the judgment were a writ, and the person by whom the notice is served were the plaintiff and the person on whom it is served a defendant. App. A. Forms 52, 15.

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