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[Subsidiary]

(Cap. 22.)

(Cap. 23.)

CAP. 4] The Rules of the Supreme Court Order 22 [1988 Ed.

(4) On the plaintiff accepting any money paid into court all further proceedings in the action or in respect of the specified cause or causes of action, as the case may be, to which the acceptance relates, both against the defendant making the payment and against any other defendant sued jointly with or in the alternative to him, shall be stayed.

(5) Where money is paid into court by a defendant who made a counterclaim and the notice of payment stated, in relation to any sum so paid, that in making the payment the defendant had taken into account and satisfied the cause or causes of action, or the specified cause or specified causes of action, in respect of which he claimed, then, on the plaintiff accepting that sum, all further proceedings on the counterclaim or in respect of the specified cause or causes of action, as the case may be, against the plaintiff shall be stayed.

(6) A plaintiff who has accepted any sum paid into court shall, subject to rules 4 and 10 and Order 80, rule 12, be entitled to receive payment of that sum in satisfaction of the cause or causes of action to which the acceptance relates.

Order for payment out of money accepted required in certain cases

(O. 22, r. 4)

4. (1) Where a plaintiff accepts any sum paid into court and that sum was paid into court-

(a) by some but not all of the defendants sued jointly or in the alternative by him, or

(b) with a defence of tender before action, or

(c) in an action to which Order 80, rule 12, applies, or

(d) in satisfaction either of causes of action arising under the Fatal Accidents Ordinance and sections 20 to 25 of the Law Amendment and Reform (Consolidation) Ordinance or of a cause of action arising under the first mentioned Ordinance where more than one person is entitled to the money,

the money in court shall not be paid out except under paragraph (2) or in pursuance of an order of the Court, and the order shall deal with the whole costs of the action or of the cause of action to which the payment relates, as the case may be.

(2) Where an order of the Court is required under paragraph (1) by reason only of paragraph (1)(a) then if, either before or after accepting the money paid into court by some only of the defendants sued jointly or in the alternative by him, the plaintiff discontinues the action against all the other defendants and those defendants consent in writing to the payment out of that sum, it may be paid out without an order of the Court.

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