Supreme Court
[1989 Ed.
and the rules of the common law with reference to the same matter, the rules of equity shall prevail.
(2) The Court of Appeal and the High Court shall give the same effect as hitherto
(a) to all equitable estates, titles, rights, reliefs, defences and counterclaims, and to all equitable duties and liabilities; and (b) subject thereto, to all legal claims and demands and all estates, titles, rights, duties, obligations, and liabilities existing by the common law or by any custom or created by any Ordinance, and shall so exercise its jurisdiction in every cause or matter before it as to secure that, as far as possible, all matters in dispute between the parties are completely and finally determined, and all multiplicity of legal proceedings with respect to any of those matters is avoided.
(3) Nothing in this Ordinance shall affect the power of the Court of Appeal or the High Court to stay any proceedings before it, where it thinks fit to do so, either of its own motion or on the application of any person, whether or not a party to the proceedings.
(Replaced 52 of 1987 s. 11) [cf. 1981 c. 54 s. 49 U.K.]
17. Power to award damages as well as, or in substitution
for, injunction or specific performance
Where the Court of Appeal or the High Court has jurisdiction to entertain an application for an injunction or specific performance, it may award damages in addition to, or in substitution for, an injunction or specific performance.
(Replaced 52 of 1987 s. 11) [cf. 1981 c. 54 s. 50 U.K.]
18-19. (Repealed 52 of 1987 s. 12)
20. Power of High Court to impose charging order
(1) Where, under a judgment or order of the High Court, a person (in this section and in sections 20A and 20B referred to as the "debtor”) is required to pay a sum of money to another person (in this section and in section 20A referred to as the "creditor”) then, for the purpose of enforcing that judgment or order, the High Court may make an order imposing on any such property of the debtor as may be specified in the order a charge for securing the payment of any money due or to become due under the judgment or order. (Replaced 52 of 1987 s. 13)
(2) An order under subsection (1) is referred to in this Ordinance as a "charging order". (Replaced 52 of 1987 s. 13)
Supreme Court
[1989 Ed.
and the rules of the common law with reference to the same matter, the rules of equity shall prevail.
(2) The Court of Appeal and the High Court shall give the same effect as hitherto
(a) to all equitable estates, titles, rights, reliefs, defences and counterclaims, and to all equitable duties and liabilities; and (b) subject thereto, to all legal claims and demands and all estates, titles, rights, duties, obligations, and liabilities existing by the common law or by any custom or created by any Ordinance, and shall so exercise its jurisdiction in every cause or matter before it as to secure that, as far as possible, all matters in dispute between the parties are completely and finally determined, and all multiplicity of legal proceedings with respect to any of those matters is avoided.
(3) Nothing in this Ordinance shall affect the power of the Court of Appeal or the High Court to stay any proceedings before it, where it thinks fit to do so, either of its own motion or on the application of any person, whether or not a party to the proceedings.
(Replaced 52 of 1987 s. 11) [cf. 1981 c. 54 s. 49 U.K.]
17. Power to award damages as well as, or in substitution
for, injunction or specific performance
Where the Court of Appeal or the High Court has jurisdiction to entertain an application for an injunction or specific performance, it may award damages in addition to, or in substitution for, an injunction or specific performance.
(Replaced 52 of 1987 s. 11) [cf. 1981 c. 54 s. 50 U.K.]
18-19. (Repealed 52 of 1987 s. 12)
20. Power of High Court to impose charging order
(1) Where, under a judgment or order of the High Court, a person (in this section and in sections 20A and 20B referred to as the "debtor”) is required to pay a sum of money to another person (in this section and in section 20A referred to as the "creditor”) then, for the purpose of enforcing that judgment or order, the High Court may make an order imposing on any such property of the debtor as may be specified in the order a charge for securing the payment of any money due or to become due under the judgment or order. (Replaced 52 of 1987 s. 13)
(2) An order under subsection (1) is referred to in this Ordinance as a "charging order". (Replaced 52 of 1987 s. 13)
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