1988 Ed.] The Rules of the Supreme Court-Order 19
[CAP. 4
A 69
[Subsidiary]
(b) a claim by the plaintiff based on an allegation of fraud,
Saving for defence under Merchant Shipping Acts etc. (O. 18, r. 22)
22. Nothing in Order 75, rules 37 to 40, shall be taken as limiting the right of any shipowner or other person to rely by way of defence on any provision of the Merchant Shipping Acts 1894 to 1979 in their application to Hong Kong or the Merchant Shipping (Cap. 281) Ordinance or the Merchant Shipping (Safety) Ordinance, which limits the amount of his liability in connection with a ship or other property.
(Cap. 369)
ORDER 19
(L.N. 356/88)
DEFAULT OF PLEADINGS
Default in service of statement of claim (O. 19, r. 1)
1. Where the plaintiff is required by these rules to serve a statement of claim on a defendant and he fails to serve it on him, the defendant may, after the expiration of the period fixed by or under these rules for service of the statement of claim, apply to the Court for an order to dismiss the action, and the Court may by order dismiss the action or make such other order on such terms as it thinks just.
Default of defence: claim for liquidated demand (O. 19, r. 2)
2. (1) Where the plaintiff's claim against a defendant is for a liquidated demand only, then, if that defendant fails to serve a defence on the plaintiff, the plaintiff may, after the expiration of the period fixed by or under these rules for service of the defence, enter final judgment against that defendant for a sum not exceeding that claimed by the writ in respect of the demand and for costs, and proceed with the action against the other defendants, if any.
(2) Order 13, rule 1(2) shall apply for the purpose of this rule as it applies for the purposes of that rule.
Default of defence: claim for unliquidated damages (O. 19, r. 3)
3. Where the plaintiff's claim against a defendant is for unliquidated damages only, then, if that defendant fails to serve a defence on the plaintiff, the plaintiff may, after the expiration of the period fixed by or under these rules for service of the defence, enter interlocutory judgment against that defendant for damages to be assessed and costs, and proceed with the action against the other defendants, if any.
Default of defence: claim in detinue (O. 19, r. 4)
4. (1) Where the plaintiff's claim against a defendant relates to the detention of goods only, then, if that defendant fails to serve a defence on the plaintiff, the plaintiff may, after the expiration of the period fixed by or under these rules for the service of the defence and subject to Order 42, rule 1A,-
App. A. Form 39.
App. A. Form 40.
App. A. Form 41.
1988 Ed.] The Rules of the Supreme Court-Order 19
[CAP. 4
A 69
[Subsidiary]
(b) a claim by the plaintiff based on an allegation of fraud,
Saving for defence under Merchant Shipping Acts etc. (O. 18, r. 22)
22. Nothing in Order 75, rules 37 to 40, shall be taken as limiting the right of any shipowner or other person to rely by way of defence on any provision of the Merchant Shipping Acts 1894 to 1979 in their application to Hong Kong or the Merchant Shipping (Cap. 281) Ordinance or the Merchant Shipping (Safety) Ordinance, which limits the amount of his liability in connection with a ship or other property.
(Cap. 369)
ORDER 19
(L.N. 356/88)
DEFAULT OF PLEADINGS
Default in service of statement of claim (O. 19, r. 1)
1. Where the plaintiff is required by these rules to serve a statement of claim on a defendant and he fails to serve it on him, the defendant may, after the expiration of the period fixed by or under these rules for service of the statement of claim, apply to the Court for an order to dismiss the action, and the Court may by order dismiss the action or make such other order on such terms as it thinks just.
Default of defence: claim for liquidated demand (O. 19, r. 2)
2. (1) Where the plaintiff's claim against a defendant is for a liquidated demand only, then, if that defendant fails to serve a defence on the plaintiff, the plaintiff may, after the expiration of the period fixed by or under these rules for service of the defence, enter final judgment against that defendant for a sum not exceeding that claimed by the writ in respect of the demand and for costs, and proceed with the action against the other defendants, if any.
(2) Order 13, rule 1(2) shall apply for the purpose of this rule as it applies for the purposes of that rule.
Default of defence: claim for unliquidated damages (O. 19, r. 3)
3. Where the plaintiff's claim against a defendant is for unliquidated damages only, then, if that defendant fails to serve a defence on the plaintiff, the plaintiff may, after the expiration of the period fixed by or under these rules for service of the defence, enter interlocutory judgment against that defendant for damages to be assessed and costs, and proceed with the action against the other defendants, if any.
Default of defence: claim in detinue (O. 19, r. 4)
4. (1) Where the plaintiff's claim against a defendant relates to the detention of goods only, then, if that defendant fails to serve a defence on the plaintiff, the plaintiff may, after the expiration of the period fixed by or under these rules for the service of the defence and subject to Order 42, rule 1A,-
App. A. Form 39.
App. A. Form 40.
App. A. Form 41.
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