A 320
[Subsidiary]
CAP. 41 The Rules of the Supreme Court—Order 79 [1988 Ed.
Judgment on failure to give notice of intention to defend (O. 78, r. 4)
4. (1) If the defendant fails, or all the defendants (if more than one) fail, to give notice of intention to defend within the period prescribed by rule 3, the plaintiff, after having caused an address for service to be entered in the cause book, may, with the leave of the Court, enter judgment against the defendant or defendants, as the case may be, with costs.
(2) An application for leave under this rule must be made by summons which must, notwithstanding anything in Order 65, rule 9, be served on the defendant, and the address for service of the defendant shall be his address for service in the proceedings in the district court.
Summons for directions or summary judgment (O. 78, r. 5)
5. (1) Where a defendant gives notice of intention to defend in the action the plaintiff must, within 7 days after such notice is given, cause an address for service to be entered in the cause book and either—
(a) take out and serve on the defendant a summons for directions returnable in not less than 21 days, or
(b) except where the defendant is the Crown, make an application under Order 14, rule 1, for judgment against the defendant;
and where a summons is served on the defendant under sub-paragraph (a) Order 25, rules 2 to 7, shall, with any necessary modifications, apply as if that summons were a summons for directions under that Order.
(2) If the plaintiff fails either to take out such a summons, or make such an application, as is referred to in paragraph (1) within the period prescribed thereby the defendant or any defendant may take out such a summons or may apply for an order dismissing the action.
(3) On the hearing of an application to dismiss the action the Court may either dismiss the action on such terms as may be just or may deal with the application as if it were a summons for directions.
ORDER 79
TRIBUNAL PROCEEDINGS TRANSFER OR REMOVAL TO THE HIGH COURT
Tribunal proceedings; transfer or removal to the High Court (O. 79, r. 1)
(HK)1. Save as is otherwise provided by Ordinance or rules of court when a matter is transferred or removed from a tribunal to the High Court it shall be set down before a master who shall make such directions as he sees fit for the further conduct of the proceedings.
Page 320
A 320
[Subsidiary]
CAP. 41 The Rules of the Supreme Court-Order 79 [1988 Ed.
Judgment on failure to give notice of intention to defend (O. 78, r. 4)
4. (1) If the defendant fails, or all the defendants (if more than one) fail, to give notice of intention to defend within the period prescribed by rule 3, the plaintiff, after having caused an address for service to be entered in the cause book, may, with the leave of the Court, enter judgment against the defendant or defendants, as the case may be, with costs.
(2) An application for leave under this rule must be made by summons which must, notwithstanding anything in Order 65, rule 9, be served on the defendant, and the address for service of the defendant shall be his address for service in the proceedings in the district court.
Summons for directions or summary judgment (0. 78, r. 5)
5. (1) Where a defendant gives notice of intention to defend in the action the plaintiff must, within 7 days after such notice is given, cause an address for service to be entered in the cause book and either-
(a) take out and serve on the defendant a summons for
directions returnable in not less than 21 days, or
(b) except where the defendant is the Crown, make an applica- tion under Order 14, rule 1, for judgment against the defendant;
and where a summons is served on the defendant under sub- paragraph (a) Order 25, rules 2 to 7, shall, with any necessary modifications, apply as if that summons were a summons for directions under that Order.
(2) If the plaintiff fails either to take out such a summons, or make such an application, as is referred to in paragraph (1) within the period prescribed thereby the defendant or any defendant may take out such a summons or may apply for an order dismissing the action.
(3) On the hearing of an application to dismiss the action the Court may either dismiss the action on such terms as may be just or may deal wtih the application as if it were a summons for directions.
ORDER 79
TRIBUNAL PROCEEDINGS TRANSFER OR REMOVAL TO THE HIGH COURT
Tribunal proceedings; transfer or removal to the High Court (0. 79,
r. 1)
(HK)1. Save as is otherwise provided by Ordinance or rules of court when a matter is transferred or removed from a tribunal to the High Court it shall be set down before a master who shall make such directions as he sees fit for the further conduct of the proceedings.
Page 320-
No comments yet.
Private notes are available after approval.