A 316
[Subsidiary]
CAP. 4] Court-Order
The Rules of the Supreme Court Order 77 [1988 Ed.
(a) the solicitor acting for the Crown, or
(b) an officer duly authorized by the solicitor so acting or by
the department concerned;
and the affidavit shall be sufficient if it states that in the deponent's belief the applicant is entitled to the relief claimed and there is no defence to the claim or part of a claim to which the application relates or no defence except as to the amount of any damages claimed.
Judgment in default (O. 77, r. 9)
9. (1) Except with the leave of the Court, no judgment in default of notice of intention to defend or of pleading shall be entered against the Crown in civil proceedings against the Crown or in third party proceedings against the Crown.
(2) Except with the leave of the Court, Order 16, rule 5(1)(a), shall not apply in the case of third party proceedings against the Crown.
(3) An application for leave under this rule may be made by summons or, except in the case of an application relating to Order 16, rule 5, by motion; and the summons or, as the case may be, notice of the motion must be served not less than 7 days before the return day.
Third party notices (O. 77, r. 10)
10. (1) Notwithstanding anything in Order 16, a third party notice (including a notice issuable by virtue of Order 16, rule 9) for service on the Crown shall not be issued without the leave of the Court, and the application for the grant of such leave must be made by summons, and the summons must be served on the plaintiff and the Crown.
(2) Leave to issue such a notice for service on the Crown shall not be granted unless the Court is satisfied that the Crown is in possession of all such information as it reasonably requires as to the circumstances in which it is alleged that the liability of the Crown has arisen and as to the departments and officers of the Crown concerned.
Interpleader: application for order against Crown (O. 77, r. 11)
11. No order shall be made against the Crown under Order 17, rule 5(3), except upon an application by summons served not less than 7 days before the return day.
Discovery and interrogatories (O. 77, r. 12)
12. (1) Order 24, rules 1 and 2, shall not apply in civil proceedings to which the Crown is a party.
A 316
[Subsidiary]
CAP. 4] Court-Order
The Rules of the Supreme Court Order 77 [1988 Ed.
(a) the solicitor acting for the Crown, or
(b) an officer duly authorized by the solicitor so acting or by
the department concerned;
and the affidavit shall be sufficient if it states that in the deponent's belief the applicant is entitled to the relief claimed and there is no defence to the claim or part of a claim to which the application relates or no defence except as to the amount of any damages claimed.
Judgment in default (0. 77, r. 9)
9. (1) Except with the leave of the Court, no judgment in default of notice of intention to defend or of pleading shall be entered against the Crown in civil proceedings against the Crown or in third party proceedings against the Crown.
(2) Except with the leave of the Court, Order 16, rule 5(1)(a), shall not apply in the case of third party proceedings against the Crown.
(3) An application for leave under this rule may be made by summons or, except in the case of an application relating to Order 16, rule 5, by motion; and the summons or, as the case may be, notice of the motion must be served not less than 7 days before the return day.
Third party notices (O. 77, r. 10)
10.
(1) Notwithstanding anything in Order 16, a third party notice (including a notice issuable by virtue of Order 16, rule 9) for service on the Crown shall not be issued without the leave of the Court, and the application for the grant of such leave must be made by summons, and the summons must be served on the plaintiff and the Crown.
(2) Leave to issue such a notice for service on the Crown shall not be granted unless the Court is satisfied that the Crown is in possession of all such information as it reasonably requires as to the circumstances in which it is alleged that the liability of the Crown has arisen and as to the departments and officers of the Crown concerned.
Interpleader: application for order against Crown (O. 77, r. 11)
11. No order shall be made against the Crown under Order 17, rule 5(3), except upon an application by summons served not less than 7 days before the return day.
Discovery and interrogatories (0. 77, r. 12)
12.
(1) Order 24, rules 1 and 2, shall not apply in civil proceedings to which the Crown is a party.
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