1964_RULES_OF_THE_SUPREME_COURT — Page 326

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[Subsidiary]

(1894 c. 60.)

(Cap. 22.) (Cap. 23.)

CAP. 4 The Rules of the Supreme Court Order 80 [1988 Ed.

(5) The foregoing provisions of this rule shall apply in relation to a counterclaim by or on behalf of a person under disability, (and a claim made by or on behalf of such a person in an action by any other person for relief under section 504 of the Merchant Shipping Act, 1894), as if for references to a plaintiff and a next friend there were substituted references to a defendant and to a guardian ad litem respectively.

Provisions supplementary to rule 12 (O. 80, r. 13)

(HK)13. (3) Where money is ordered to be transferred to or paid into a District Court, the Registrar shall send a sealed copy of the judgment or order to the Registrar of the District Court.

Proceedings under Fatal Accidents Ordinance: apportionment by

Court (O. 80, r. 15)

15. (1) Where a single sum of money is paid into court under Order 22, rule 1, in satisfaction of causes of action arising under the Fatal Accidents Ordinance and sections 20 to 25 of the Law Amendment and Reform (Consolidation) Ordinance, and that sum is accepted, the money shall be apportioned between the different causes of action by the Court either when giving directions for dealing with it under rule 12 (if that rule applies) or when authoriz- ing its payment out of court.

(2) Where, in an action in which a claim under the Fatal Accidents Ordinance is made by or on behalf of more than one person, a sum in respect of damages is adjudged or ordered or agreed to be paid in satisfaction of the claim, or a sum of money paid into court under Order 22, rule 1, is accepted in satisfaction of the cause of action under the said Ordinance, then, unless the sum has been apportioned between the persons entitled thereto by a jury, it shall be apportioned between those persons by the Court.

The reference in this paragraph to a sum of money paid into court shall be construed as including a reference to part of a sum so paid, being the part apportioned by the Court under paragraph (1) to the cause of action under the said Ordinances.

Service of certain documents on person under disability (O. 80, r. 16)

16. (1) Where in any proceedings a document is required to be served personally or in accordance with Order 10, rule 1(2) on any person and that person is a person under disability this rule shall apply.

(2) Subject to the following provisions of this rule and to Order 24, rule 16(3) and Order 26, rule 6(3) the document must be served-

(a) in the case of a minor who is not also a patient, on his father or guardian or, if he has no father or guardian, on the person with whom he resides or in whose care he is;