1964_RULES_OF_THE_SUPREME_COURT — Page 349

HK Historical Laws 香港歷史法例 All AI Reviewed

1988 Ed.] The Rules of the Supreme Court Order 89

[CAP. 4

(d) identify any other incumbrances on the property charged stating, so far as is known, the names and addresses of the incumbrancers and the amounts owing to them;

(e) set out the plaintiff's proposals as to the manner of sale of the property charged together with estimates of the gross price which would be obtained on a sale in that manner and of the costs of such sale;

(f) where the property charged consists of land in respect of which the plaintiff claims delivery of possession, give particulars of every person who to the best of the plaintiff's knowledge is in possession of the property charged or any part of it.

Action by writ: judgment in default (O. 88, r. 6)

6. (1) Notwithstanding anything in Order 13 or Order 19, in a mortgage action begun by writ judgment on failure to give notice of intention to defend or in default of defence shall not be entered except with the leave of the Court.

(2) An application for the grant of leave under this rule must be made by summons and the summons must, notwithstanding anything in Order 65, rule 9, be served on the defendant.

(3) Where a summons for leave under this rule is issued, rule 4(2) to (7) shall apply in relation to the action subject to the modification that for references therein to the originating summons, and for the reference in paragraph (2) to the notice of appointment, there shall be substituted references to the summons.

(4) Where a summons for leave under this rule is issued in an action to which rule 5 would apply had the action been begun by originating summons, the affidavit in support of the summons must contain the information required by that rule.

Foreclosure in redemption action (O. 88, r. 7)

7. Where foreclosure has taken place by reason of the failure of the plaintiff in a mortgage action for redemption to redeem, the defendant in whose favour the foreclosure has taken place may apply by motion or summons for an order for delivery to him of possession of the mortgaged property, and the Court may make such order thereon as it thinks fit.

A 349

[Subsidiary]

ORDER 89

PROCEEDINGS BETWEEN HUSBAND AND WIFE

Determination of questions as to property (O. 89, r. 1)

(HK)1. (1) Proceedings under section 6 of the Married Persons Status Ordinance must be begun by originating summons.

(Cap. 182.)

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1988 Ed.] The Rules of the Supreme Court Order 89 [CAP. 4 (d) identify any other incumbrances on the property charged stating, so far as is known, the names and addresses of the incumbrancers and the amounts owing to them; (e) set out the plaintiff's proposals as to the manner of sale of the property charged together with estimates of the gross price which would be obtained on a sale in that manner and of the costs of such sale; (f) where the property charged consists of land in respect of which the plaintiff claims delivery of possession, give particulars of every person who to the best of the plaintiff's knowledge is in possession of the property charged or any part of it. Action by writ: judgment in default (O. 88, r. 6) 6. (1) Notwithstanding anything in Order 13 or Order 19, in a mortgage action begun by writ judgment on failure to give notice of intention to defend or in default of defence shall not be entered except with the leave of the Court. (2) An application for the grant of leave under this rule must be made by summons and the summons must, notwithstanding anything in Order 65, rule 9, be served on the defendant. (3) Where a summons for leave under this rule is issued, rule 4(2) to (7) shall apply in relation to the action subject to the modification that for references therein to the originating summons, and for the reference in paragraph (2) to the notice of appointment, there shall be substituted references to the summons. (4) Where a summons for leave under this rule is issued in an action to which rule 5 would apply had the action been begun by originating summons, the affidavit in support of the summons must contain the information required by that rule. Foreclosure in redemption action (O. 88, r. 7) 7. Where foreclosure has taken place by reason of the failure of the plaintiff in a mortgage action for redemption to redeem, the defendant in whose favour the foreclosure has taken place may apply by motion or summons for an order for delivery to him of possession of the mortgaged property, and the Court may make such order thereon as it thinks fit. A 349 [Subsidiary] ORDER 89 PROCEEDINGS BETWEEN HUSBAND AND WIFE Determination of questions as to property (O. 89, r. 1) (HK)1. (1) Proceedings under section 6 of the Married Persons Status Ordinance must be begun by originating summons. (Cap. 182.)

Baseline (Original)

1988 Ed.] The Rules of the Supreme Court Order 89 [CAP. 4 (d) identify any other incumbrances on the property charged stating, so far as is known, the names and addresses of the incumbrancers and the amounts owing to them; (e) set out the plaintiff's proposals as to the manner of sale of the property charged together with estimates of the gross price which would be obtained on a sale in that manner and of the costs of such sale; (f) where the property charged consists of land in respect of which the plaintiff claims delivery of possession, give par- ticulars of every person who to the best of the plaintiff's knowledge is in possession of the property charged or any part of it. Action by writ: judgment in default (O. 88, r. 6) 6. (1) Notwithstanding anything in Order 13 or Order 19, in a mortgage action begun by writ judgment on failure to give notice of intention to defend or in default of defence shall not be entered except with the leave of the Court. (2) An application for the grant of leave under this rule must be made by summons and the summons must, notwithstanding anything in Order 65, rule 9, be served on the defendant. (3) Where a summons for leave under this rule is issued, rule 4(2) to (7) shall apply in relation to the action subject to the modification that for references therein to the originating summons, and for the reference in paragraph (2) to the notice of appointment, there shall be substituted references to the summons. (4) Where a summons for leave under this rule is issued in an action to which rule 5 would apply had the action been begun by originating summons, the affidavit in support of the summons must contain the information required by that rule. Foreclosure în redemption action (O. 88, r. 7) 7. Where foreclosure has taken place by reason of the failure of the plaintiff in a mortgage action for redemption to redeem, the defendant in whose favour the foreclosure has taken place may apply by motion or summons for an order for delivery to him of possession of the mortgaged property, and the Court may make such order thereon as it thinks fit. A 349 [Subsidiary] ORDER 89 PROCEEDINGS BETWEEN HUSBAND AND WIFE Determination of questions as to property (O. 89, r. 1) (HK)1. (1) Proceedings under section 6 of the Married Persons Status Ordinance must be begun by originating summons. (Cap. 182.)

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