1964_RULES_OF_THE_SUPREME_COURT — Page 78

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A 78

CAP. 4

[Subsidiary]

The Rules of the Supreme Court Order 22 [1988 Ed.

App. A. Form 23.

(Cap. 22.)

(Cap. 23.)

ORDER 22

PAYMENT INTO AND OUT OF COURT

Payment into court (O. 22, r. 1)

1. (1) In any action for a debt or damages any defendant may at any time pay into court a sum or sums of money in satisfaction of the cause of action in respect of which the plaintiff claims or, where two or more causes of action are joined in the action, a sum or sums of money in satisfaction of any or all of those causes of action.

(2) On making any payment into court under this rule, and on increasing any such payment already made, the defendant must give notice thereof in Form No. 23 in Appendix A to the plaintiff and every other defendant (if any); and within 3 days after receiving the notice the plaintiff must send the defendant a written acknowledgment of its receipt.

(3) A defendant may, without leave, give notice of an increase in a payment made under this rule but, subject to that and without prejudice to paragraph (5), a notice of payment may not be withdrawn or amended without the leave of the Court which may be granted on such terms as may be just.

(4) Where two or more causes of action are joined in the action and money is paid into court under this rule in respect of all, or some only of, those causes of action, the notice of payment-

(a) must state that the money is paid in respect of all those causes of action or, as the case may be, must specify the cause or causes of action in respect of which payment is made, and

(b) where the defendant makes separate payments in respect of each, or any two or more, of those causes of action, must specify the sum paid in respect of that cause or, as the case may be, those causes of action.

(5) Where a single sum of money is paid into court under this rule in respect of two or more causes of action, then, if it appears to the Court that the plaintiff is embarrassed by the payment, the Court may, subject to paragraph (6), order the defendant to amend the notice of payment so as to specify the sum paid in respect of each cause of action.

(6) Where a cause of action under the Fatal Accidents Ordinance and a cause of action under sections 20 to 25 of the Law Amendment and Reform (Consolidation) Ordinance are joined in an action, with or without any other cause of action, the causes of action under the said Ordinances shall, for the purpose of paragraph (5), be treated as one cause of action.

(8) For the purposes of this rule, the plaintiff's cause of action in respect of a debt or damages shall be construed as a cause of action.

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A 78 CAP. 4 [Subsidiary] The Rules of the Supreme Court Order 22 [1988 Ed. App. A. Form 23. (Cap. 22.) (Cap. 23.) ORDER 22 PAYMENT INTO AND OUT OF COURT Payment into court (O. 22, r. 1) 1. (1) In any action for a debt or damages any defendant may at any time pay into court a sum or sums of money in satisfaction of the cause of action in respect of which the plaintiff claims or, where two or more causes of action are joined in the action, a sum or sums of money in satisfaction of any or all of those causes of action. (2) On making any payment into court under this rule, and on increasing any such payment already made, the defendant must give notice thereof in Form No. 23 in Appendix A to the plaintiff and every other defendant (if any); and within 3 days after receiving the notice the plaintiff must send the defendant a written acknowledgment of its receipt. (3) A defendant may, without leave, give notice of an increase in a payment made under this rule but, subject to that and without prejudice to paragraph (5), a notice of payment may not be withdrawn or amended without the leave of the Court which may be granted on such terms as may be just. (4) Where two or more causes of action are joined in the action and money is paid into court under this rule in respect of all, or some only of, those causes of action, the notice of payment- (a) must state that the money is paid in respect of all those causes of action or, as the case may be, must specify the cause or causes of action in respect of which payment is made, and (b) where the defendant makes separate payments in respect of each, or any two or more, of those causes of action, must specify the sum paid in respect of that cause or, as the case may be, those causes of action. (5) Where a single sum of money is paid into court under this rule in respect of two or more causes of action, then, if it appears to the Court that the plaintiff is embarrassed by the payment, the Court may, subject to paragraph (6), order the defendant to amend the notice of payment so as to specify the sum paid in respect of each cause of action. (6) Where a cause of action under the Fatal Accidents Ordinance and a cause of action under sections 20 to 25 of the Law Amendment and Reform (Consolidation) Ordinance are joined in an action, with or without any other cause of action, the causes of action under the said Ordinances shall, for the purpose of paragraph (5), be treated as one cause of action. (8) For the purposes of this rule, the plaintiff's cause of action in respect of a debt or damages shall be construed as a cause of action.

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A 78 CAP. 4 [Subsidiary] The Rules of the Supreme Court Order 22 [1988 Ed. App. A. Form 23. (Cap. 22.) (Cap. 23.) ORDER 22 PAYMENT INTO AND OUT OF COURT Payment into court (O. 22, r. 1) 1. (1) In any action for a debt or damages any defendant may at any time pay into court a sum or sums of money in satisfaction of the cause of action in respect of which the plaintiff claims or, where two or more causes of action are joined in the action, a sum or sums of money in satisfaction of any or all of those causes of action. (2) On making any payment into court under this rule, and on increasing any such payment already made, the defendant must give notice thereof in Form No. 23 in Appendix A to the plaintiff and every other defendant (if any); and within 3 days after receiving the notice the plaintiff must send the defendant a written acknowledg- ment of its receipt. (3) A defendant may, without leave, give notice of an increase in a payment made under this rule but, subject to that and without prejudice to paragraph (5), a notice of payment may not be withdrawn or amended without the leave of the Court which may be granted on such terms as may be just. (4) Where two or more causes of action are joined in the action and money is paid into court under this rule in respect of all, or some only of, those causes of action, the notice of payment- (a) must state that the money is paid in respect of all those causes of action or, as the case may be, must specify the cause or causes of action in respect of which payment is made, and (b) where the defendant makes separate payments in respect of each, or any two or more, of those causes of action, must specify the sum paid in respect of that cause or, as the case may be, those causes of action. (5) Where a single sum of money is paid into court under this rule in respect of two or more causes of action, then, if it appears to the Court that the plaintiff is embarrassed by the payment, the Court may, subject to paragraph (6), order the defendant to amend the notice of payment so as to specify the sum paid in respect of each cause of action. (6) Where a cause of action under the Fatal Accidents Or- dinance and a cause of action under sections 20 to 25 of the Law Amendment and Reform (Consolidation) Ordinance are joined in an action, with or without any other cause of action, the causes of action under the said Ordinances shall, for the purpose of para- graph (5), be treated as one cause of action. (8) For the purposes of this rule, the plaintiff's cause of action in respect of a debt or damages shall be construed as a cause of

2026-05-05 10:08:48 · Baseline

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