1988 Ed.] The Rules of the Supreme Court Order 16
[CAP. 4
most conveniently determined and enforced and as to the extent to which the third party is to be bound by any judgment or decision in the action.
(5) Any order made or direction given under this rule may be varied or rescinded by the Court at any time.
Default of third party, etc. (O. 16, r. 5)
5. (1) If a third party does not give notice of intention to defend or, having been ordered to serve a defence, fails to do so-
(a) he shall be deemed to admit any claim stated in the third party notice and shall be bound by any judgment (including judgment by consent) or decision in the action in so far as it is relevant to any claim, question or issue stated in that notice; and
(b) the defendant by whom the third party notice was issued may, if judgment in default is given against him in the action, at any time after satisfaction of that judgment and, with the leave of the Court, before satisfaction thereof, enter judgment against the third party in respect of any contribution, and, with the leave of the Court, in respect of any other relief or remedy claimed therein.
(2) If a third party or the defendant by whom a third party notice was issued makes default in serving any pleading which he is ordered to serve, the Court may, on the application by summons of that defendant or the third party, as the case may be, order such judgment to be entered for the applicant as he is entitled to on the pleadings or may make such other order as may appear to the Court necessary to do justice between the parties.
(3) The Court may at any time set aside or vary a judgment entered under paragraph (1)(b) or paragraph (2) on such terms (if any) as it thinks just.
Setting aside third party proceedings (O. 16, r. 6)
6. Proceedings on a third party notice may, at any stage of the proceedings, be set aside by the Court.
Judgment between defendant and third party (O. 16, r. 7)
7. (1) Where in any action a defendant has served a third party notice, the Court may at or after the trial of the action or, if the action is decided otherwise than by trial, on an application by summons or motion, order such judgment as the nature of the case may require to be entered for the defendant against the third party or for the third party against the defendant.
(2) Where judgment is given for the payment of any contribution or indemnity to a person who is under a liability to make a payment in respect of the same debt or damage, execution shall not issue on the judgment without the leave of the Court until that liability has been discharged.
A 55
[Subsidiary]
Page 55
Page 56
1988 Ed.] The Rules of the Supreme Court Order 16
[CAP. 4
most conveniently determined and enforced and as to the extent to which the third party is to be bound by any judgment or decision in the action.
(5) Any order made or direction given under this rule may be varied or rescinded by the Court at any time.
Default of third party, etc. (O. 16, r. 5)
5. (1) If a third party does not give notice of intention to defend or, having been ordered to serve a defence, fails to do so-
(a) he shall be deemed to admit any claim stated in the third party notice and shall be bound by any judgment (includ- ing judgment by consent) or decision in the action in so far as it is relevant to any claim, question or issue stated in that notice; and
(b) the defendant by whom the third party notice was issued may, if judgment in default is given against him in the action, at any time after satisfaction of that judgment and, with the leave of the Court, before satisfaction thereof, enter judgment against the third party in respect of any contribution, and, with the leave of the Court, in respect of any other relief or remedy claimed therein.
(2) If a third party or the defendant by whom a third party notice was issued makes default in serving any pleading which he is ordered to serve, the Court may, on the application by summons of that defendant or the third party, as the case may be, order such judgment to be entered for the applicant as he is entitled to on the pleadings or may make such other order as may appear to the Court necessary to do justice between the parties.
(3) The Court may at any time set aside or vary a judgment entered under paragraph (1)(b) or paragraph (2) on such terms (if any) as it thinks just.
Setting aside third party proceedings (O. 16, r. 6)
6. Proceedings on a third party notice may, at any stage of the proceedings, be set aside by the Court.
Judgment between defendant and third party (O. 16, r. 7)
7. (1) Where in any action a defendant has served a third party notice, the Court may at or after the trial of the action or, if the action is decided otherwise than by trial, on an application by summons or motion, order such judgment as the nature of the case may require to be entered for the defendant against the third party or for the third party against the defendant.
(2) Where judgment is given for the payment of any contribu- tion or indemnity to a person who is under a liability to make a payment in respect of the same debt or damage, execution shall not issue on the judgment without the leave of the Court until that liability has been discharged.
A 55
[Subsidiary]
Page 55Page 56
No comments yet.
Private notes are available after approval.