1964_RULES_OF_THE_SUPREME_COURT — Page 343

1988 Ed.] The Rules of the Supreme Court-Order 87

[CAP. 4

A 343

(HK) Application for summary judgment on counterclaim (O. 86, r. 8)

8. (1) Where a defendant to an action begun by writ has served a counterclaim claiming against the plaintiff such relief as appears in rule 1(1) the defendant may, on the ground that the plaintiff has no defence to a claim made in the counterclaim or to a particular part of such a claim, apply to the court for judgment against the plaintiff on that claim or that part.

(2) Rules 2, 3, 4, 5, 6 and 7 shall apply in relation to an application under this rule as they apply in relation to an application under rule 1 but with the following modifications-

(a) references to the plaintiff and defendant shall be construed as references to the defendant and plaintiff respectively;

(b) the words in rule 3(2) "any counterclaim made or raised by the defendant in" shall be omitted;

(c) the reference in rule 4(2) to the action shall be construed as a reference to the counterclaim to which the application under this rule relates.

[Subsidiary]

(L.N. 356/88)

(HK) Right to proceed with residue of action or counterclaim (O. 86, r. 9)

9. (1) Where on an application under rule 1 the plaintiff obtains judgment on a claim or a part of a claim against any defendant, he may proceed with the action as respects any other claim or as respects the remainder of the claim or against any other defendant.

(2) Where on an application under rule 8 a defendant obtains judgment on a claim or part of a claim made in a counterclaim against the plaintiff, he may proceed with the counterclaim as respects any other claim or against any other defendant to the counterclaim.

ORDER 87

(L.N. 356/88)

DEBENTURE HOLDERS' ACTIONS: RECEIVER'S REGISTER

Receiver's register (O. 87, r. 1)

1. Every receiver appointed by the Court in an action to enforce registered debentures or registered debenture stock shall, if so directed by the Court, keep a register of transfers of, and other transmissions of title to, such debentures or stock (in this Order referred to as "the receiver's register").

Registration of transfers, etc. (O. 87, r. 2)

2. (1) Where a receiver is required by rule 1 to keep a receiver's register, then, on the application of any person entitled to