A 336
[Subsidiary]
(Cap. 163.)
CAP. 4] The Rules of the Supreme Court-Order 84A [1988 Ed.
(3) If the application is for leave to enter judgment on failure to give notice of intention to defend, the summons shall not be issued until after the time limited for acknowledgment of service of the writ.
(4) On the hearing of such application, whether the defendant appears or not, the Court-
(a) may exercise the powers of the court under section 25 of the Money Lenders Ordinance;
(b) where it refuses leave under this rule to enter judgment on a claim or any part of a claim, may make or give any such order or directions as it might have made or given had the application been an application under Order 14, rule 1, for judgment on the claim.
Particulars to be included in originating summons (O. 83A, r. 5)
5. Where a money lender's action is begun by originating summons, the summons must contain a statement of the matters specified in rules 2 and 3.
(HK) ORDER 84A
ACTIONS ARISING OUT OF HIRE-PURCHASE OR CONDITIONAL SALE AGREEMENTS
Application and interpretation (O. 84A, r. 1)
1. (1) These rules apply to actions to which this Order applies subject to the following Order.
(2) This Order applies to any action arising out of a hire-purchase agreement or a conditional sale agreement brought against the hirer or buyer of the goods to which the agreement relates or a guarantor, if the writ beginning the action is indorsed with a claim for money, not being--
(a) a claim for unliquidated damages, or
(b) a claim for no more than the amount of any instalment or instalments of the hire-purchase price or total purchase price, as the case may be, which is due and unpaid.
(3) (a) In this Order-
"hire-purchase agreement" means an agreement for the bailment of goods under which the bailee may buy the goods, or under which the property in the goods will or may pass to the bailee;
"conditional sale agreement" means an agreement for the sale of goods under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain in the seller (notwithstanding that...
A 336
[Subsidiary]
(Cap. 163.)
CAP. 4] The Rules of the Supreme Court-Order 84A [1988 Ed.
(3) If the application is for leave to enter judgment on failure to give notice of intention to defend, the summons shall not be issued until after the time limited for acknowledgment of service of the writ.
(4) On the hearing of such application, whether the defendant appears or not, the Court-
(a) may exercise the powers of the court under section 25 of
the Money Lenders Ordinance;
(b) where it refuses leave under this rule to enter judgment on a claim or any part of a claim, may make or give any such order or directions as it might have made or given had the application been an application under Order 14, rule 1, for judgment on the claim.
Particulars to be included in originating summons (O. 83A, r. 5)
5. Where a money lender's action is begun by originating summons, the summons must contain a statement of the matters specified in rules 2 and 3.
(HK) ORDER 84A
ACTIONS ARISING OUT OF HIRE-PURCHASE OR
CONDITIONAL SALE AGREEMENTS
Application and interpretation (O. 84A, r. 1)
1. (1) These rules apply to actions to which this Order applies subject to the following Order.
(2) This Order applies to any action arising out of a hire- purchase agreement or a conditional sale agreement brought against the hirer or buyer of the goods to which the agreement relates or a guarantor, if the writ beginning the action is indorsed with a claim for money, not being--
(a) a claim for unliquidated damages, or
(b) a claim for no more than the amount of any instalment or instalments of the hire-purchase price or total purchase price, as the case may be, which is due and unpaid.
(3) (a) In this Order-
"hire-purchase agreement" means an agreement for the bailment of goods under which the bailee may buy the goods, or under which the property in the goods will or may pass to the bailee;
"conditional sale agreement" means an agreement for the sale of goods under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain in the seller (notwithstanding that
i
!
¡
No comments yet.
Private notes are available after approval.