1964_RULES_OF_THE_SUPREME_COURT — Page 37

HK Historical Laws 香港歷史法例 All AI Reviewed

1988 Ed.] The Rules of the Supreme Court--Order 14

{CAP. 4

A 37

(5) The procedure for effecting service out of the jurisdiction pursuant to leave granted in accordance with the rule shall be the same as for the service of the writ under Order 11, rule 7(1), except where section 12(6) of the Act applies and an alternative method of service has been agreed.

Stay of execution on default judgment (O. 13, r. 8)

8. Where judgment for a debt or liquidated demand is entered under this Order against a defendant who has returned to the Registry an acknowledgment of service containing a statement to the effect that, although he does not intend to contest the proceedings, he intends to apply for a stay of execution of the judgment by writ of fieri facias, execution of the judgment by such a writ shall be stayed for a period of 14 days from the acknowledgment of service and, if within that time the defendant issues and serves on the plaintiff a summons for such a stay supported by an affidavit in accordance with Order 47, rule 1, the stay imposed by this rule shall continue until the summons is heard or otherwise disposed of, unless the Court after giving the parties an opportunity of being heard otherwise directs.

Setting aside judgment (O. 13, r. 9)

9. Without prejudice to rule 7(3) and (4), the Court may, on such terms as it thinks just, set aside or vary any judgment entered in pursuance of this Order.

[Subsidiary]

ORDER 14

SUMMARY JUDGMENT

Application by plaintiff for summary judgment (O. 14, r. 1)

1. (1) Where in an action to which this rule applies a statement of claim has been served on a defendant and that defendant has given notice of intention to defend the action, the plaintiff may, on the ground that that defendant has no defence to a claim included in the writ, or to a particular part of such a claim, or has no defence to such a claim or part except as to the amount of any damages claimed, apply to the Court for judgment against that defendant.

(2) Subject to paragraph (3) this rule applies to every action begun by writ other than-

(a) an action which includes a claim by the plaintiff for libel, slander, malicious prosecution, false imprisonment or seduction,

(b) an action which includes a claim by the plaintiff based on an allegation of fraud, or

(c) an Admiralty action in rem.

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1988 Ed.] The Rules of the Supreme Court--Order 14 {CAP. 4 A 37 (5) The procedure for effecting service out of the jurisdiction pursuant to leave granted in accordance with the rule shall be the same as for the service of the writ under Order 11, rule 7(1), except where section 12(6) of the Act applies and an alternative method of service has been agreed. Stay of execution on default judgment (O. 13, r. 8) 8. Where judgment for a debt or liquidated demand is entered under this Order against a defendant who has returned to the Registry an acknowledgment of service containing a statement to the effect that, although he does not intend to contest the proceedings, he intends to apply for a stay of execution of the judgment by writ of fieri facias, execution of the judgment by such a writ shall be stayed for a period of 14 days from the acknowledgment of service and, if within that time the defendant issues and serves on the plaintiff a summons for such a stay supported by an affidavit in accordance with Order 47, rule 1, the stay imposed by this rule shall continue until the summons is heard or otherwise disposed of, unless the Court after giving the parties an opportunity of being heard otherwise directs. Setting aside judgment (O. 13, r. 9) 9. Without prejudice to rule 7(3) and (4), the Court may, on such terms as it thinks just, set aside or vary any judgment entered in pursuance of this Order. [Subsidiary] ORDER 14 SUMMARY JUDGMENT Application by plaintiff for summary judgment (O. 14, r. 1) 1. (1) Where in an action to which this rule applies a statement of claim has been served on a defendant and that defendant has given notice of intention to defend the action, the plaintiff may, on the ground that that defendant has no defence to a claim included in the writ, or to a particular part of such a claim, or has no defence to such a claim or part except as to the amount of any damages claimed, apply to the Court for judgment against that defendant. (2) Subject to paragraph (3) this rule applies to every action begun by writ other than- (a) an action which includes a claim by the plaintiff for libel, slander, malicious prosecution, false imprisonment or seduction, (b) an action which includes a claim by the plaintiff based on an allegation of fraud, or (c) an Admiralty action in rem.
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1988 Ed.] The Rules of the Supreme Court--Order 14 {CAP. 4 A 37 (5) The procedure for effecting service out of the jurisdiction pursuant to leave granted in accordance with the rule shall be the same as for the service of the writ under Order 11, rule 7(1), except where section 12(6) of the Act applies and an alternative method of service has been agreed. Stay of execution on default judgment (O. 13, r. 8) 8. Where judgment for a debt or liquidated demand is entered under this Order against a defendant who has returned to the Registry an acknowledgment of service containing a statement to the effect that, although he does not intend to contest the proceed- ings, he intends to apply for a stay of execution of the judgment by writ of fieri facias, execution of the judgment by such a writ shall be stayed for a period of 14 days from the acknowledgment of service and, if within that time the defendant issues and serves on the plaintiff a summons for such a stay supported by an affidavit in accordance with Order 47, rule 1, the stay imposed by this rule shall continue until the summons is heard or otherwise disposed of, unless the Court after giving the parties an opportunity of being heard otherwise directs. Setting aside judgment (O. 13, r. 9) 9. Without prejudice to rule 7(3) and (4), the Court may, on such terms as it thinks just, set aside or vary any judgment entered in pursuance of this Order. [Subsidiary] ORDER 14 SUMMARY JUDGMENT Application by plaintiff for summary judgment (O. 14, r. 1) 1. (1) Where in an action to which this rule applies a statement of claim has been served on a defendant and that defendant has given notice of intention to defend the action, the plaintiff may, on the ground that that defendant has no defence to a claim included in the writ, or to a particular part of such a claim, or has no defence to such a claim or part except as to the amount of any damages claimed, apply to the Court for judgment against that defendant. (2) Subject to paragraph (3) this rule applies to every action begun by writ other than- (a) an action which includes a claim by the plaintiff for libel, slander, malicious prosecution, false imprisonment or sed- uction, (b) an action which includes a claim by the plaintiff based on an allegation of fraud, or (c) an Admiralty action in rem.
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1988 Ed.] The Rules of the Supreme Court--Order 14

{CAP. 4

A 37

(5) The procedure for effecting service out of the jurisdiction pursuant to leave granted in accordance with the rule shall be the same as for the service of the writ under Order 11, rule 7(1), except where section 12(6) of the Act applies and an alternative method of service has been agreed.

Stay of execution on default judgment (O. 13, r. 8)

8. Where judgment for a debt or liquidated demand is entered under this Order against a defendant who has returned to the Registry an acknowledgment of service containing a statement to the effect that, although he does not intend to contest the proceed- ings, he intends to apply for a stay of execution of the judgment by writ of fieri facias, execution of the judgment by such a writ shall be stayed for a period of 14 days from the acknowledgment of service and, if within that time the defendant issues and serves on the plaintiff a summons for such a stay supported by an affidavit in accordance with Order 47, rule 1, the stay imposed by this rule shall continue until the summons is heard or otherwise disposed of, unless the Court after giving the parties an opportunity of being heard otherwise directs.

Setting aside judgment (O. 13, r. 9)

9.

Without prejudice to rule 7(3) and (4), the Court may, on such terms as it thinks just, set aside or vary any judgment entered in pursuance of this Order.

[Subsidiary]

ORDER 14

SUMMARY JUDGMENT

Application by plaintiff for summary judgment (O. 14, r. 1)

1. (1) Where in an action to which this rule applies a statement of claim has been served on a defendant and that defendant has given notice of intention to defend the action, the plaintiff may, on the ground that that defendant has no defence to a claim included in the writ, or to a particular part of such a claim, or has no defence to such a claim or part except as to the amount of any damages claimed, apply to the Court for judgment against that defendant.

(2) Subject to paragraph (3) this rule applies to every action begun by writ other than-

(a) an action which includes a claim by the plaintiff for libel, slander, malicious prosecution, false imprisonment or sed- uction,

(b) an action which includes a claim by the plaintiff based on

an allegation of fraud, or

(c) an Admiralty action in rem.

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