|
Practice Directions |
PRACTICE DIRECTION - 8.2
VACATION BUSINESS IN THE HIGH COURT
1. The following classes of applications can be issued and made returnable in vacations -
(1) Before a judge:
(a) for injunction;
(b) for committal;
(c) for appraisal and sale of a vessel in the admiralty jurisdiction;
(d) interlocutory application that can be issued and made returnable before a master in vacation;
(e) application referred by a master to a judge; and
(f) appeal from a master in relation to an application that comes within sub-paragraph (3) below.
(2) Before a judge in companies and bankruptcy matters:
(a) the hearing of a contested winding-up or bankruptcy petition on the first working day of each week at 9:30 a.m.;
(b) the hearing of an application to set aside a statutory demand before a Judge;
(c) for a validation order under s. 182 of the Companies Ordinance (Cap.32) or s. 42 of the Bankruptcy Ordinance (Cap.6);
(d) for injunction;
(e) for appointment of an interim receiver or provisional liquidator or for the protection or preservation of assets or status;
(f) concerning schemes of arrangement and reductions of capital redemption reserve funds and share premium accounts; and
(g) for leave to institute or defend proceedings or effect a compromise.
(3) Before a master:
(a) to set aside writ or judgment;
(b) to set aside writ or service for irregularity of jurisdiction;
(c) to renew writ;
(d) for leave to issue and serve writ out of jurisdiction;
(e) for substituted service;
(f) for interim payment;
(g) for particulars, if summons under O.14 issued;
(h) for time, in interpleader and cases where pleadings are to be served in vacation;
(i) for the extension of time under s.86 of the Companies Ordinance (Cap.32);
(j) for stay of proceedings by consent;
(k) for judgment under O.14;
(l) for leave to enter judgment;
(m) for an order by consent;
(n) for approval of infant settlement;
(o) for assessment of damages, where both parties consent to the matter being dealt with in vacation;
(p) interpleaders;
(q) for payment out after judgment;
(r) for enforcement of any judgment or order;
(s) for stay of execution;
(t) for relief against forfeiture;
(u) to vacate lis pendens;
(v) to tax bills of costs;
(w) appeals against the refusal by the Director of Legal Aid to grant legal aid;
(x) in an admiralty action, for the arrest or release of a vessel or cargo and any matter relating to the crew;
(y) in companies' winding-up proceedings:
(i) uncontested applications for winding-up orders;
(ii) for the appointment of a liquidator and/or committee of inspection; and
(iii) for warrant of arrest;
(z) in bankruptcy proceedings:
(i) uncontested applications for bankruptcy orders;
(ii) for an interim order under s.20A of the Bankruptcy Ordinance (Cap.6);
(iii) for the appointment of a creditors' committee or trustee;
(iv) order for redirection of mail;
(v) for warrant of arrest;
(vi) for statutory dispensation or release;
(vii) application to object the automatic discharge of a bankrupt;
(viii) for annulment of a bankruptcy order; and
(ix) for a validation order under s.42 of the Bankruptcy Ordinance (Cap.6).
2. In addition to the types of business set out in paragraph 1, the following matters may be set down for hearing in vacation:
(a) An action assigned to the Fixture List or Running List in accordance with para. 3 of Practice Direction 5.1, and
(b) Proceedings in the Court of First Instance,
if all parties thereto signify agreement to this effect to either the Listing Master or Listing Judge at the time leave to set down is granted or to the listing officer at the time of fixing a date for hearing.
3. Where a party considers any other application should be immediately or promptly heard, application for leave to proceed in vacation may be made to a master. The application may be made orally or by submission of a certificate signed by counsel or, if counsel has not been instructed in the matter, by solicitor.
4. This Practice Direction supersedes the existing Practice Directions 8.2, 8.2A and 8.2B and shall have immediate effect.
Dated this 24th day of April 2006.
| (Andrew Li) | |
| Chief Justice |