1964_SUPREME_COURT_ORDINANCE — Page 43

42

CAP. 4

Supreme Court

[1989 Ed.

39. Protection of Registrar

(1) No action shall be brought against the Registrar for-

(a) any act done or omitted to be done by any bailiff without directions from the Registrar; or

(b) any direction given to any bailiff with regard to the execution or non-execution of process if-

(i) such directions are in accordance with an order from the High Court under section 40; and

(ii) no material fact is wilfully misrepresented or suppressed by the Registrar.

(2) In this section-

"Registrar" includes a Master. (Amended 52 of 1987 s. 32)

40. Registrar may apply for order

The Registrar may, in case of doubt or difficulty, apply summarily to the High Court for an order for the direction and guidance of a bailiff, and the High Court may make such order in the matter as may seem just and reasonable.

PART VI

DISCOVERY AND RELATED PROCEDURES

41. Power of High Court to order disclosure, etc. of documents before commencement of proceedings

On the application, in accordance with rules of court, of a person who appears to the High Court to be likely to be a party to subsequent proceedings in that Court in which a claim in respect of personal injuries to a person or in respect of a person's death is likely to be made, the High Court shall, in such circumstances as may be specified in the rules, have power to order a person who appears to the High Court to be likely to be a party to the proceedings and to be likely to have or to have had in his possession, custody or power any documents which are relevant to an issue arising or likely to arise out of that claim-

(a) to disclose whether those documents are in his possession, custody or power; and

(b) to produce such of those documents as are in his possession, custody or power to the applicant or, on such conditions as may be specified in the order-

(i) to the applicant's legal advisers;

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