32. APPLICATIONS AND PROCEEDINGS IN CHAMBERS

32. Applications and Proceedings in Chambers.
order 32
Applications and Proceedings in Chambers

1. Mode of making application. (O. 32 r. 1)

Except as provided by Order 25, rule 7, every application in Chambers must be made by summons in Form 62.

2. Issue of summons. (O. 32 r. 2)

(1) Issue of a summons by which an application in Chambers is to be made takes place on its being sealed by an officer of the Registry.

(2) A summons may not be amended after issue without the leave of the Court.

3. Service of summons. (O. 32 r. 3)

A summons asking only for the extension or abridgment of any period of time may be served on the day before the day specified in the summons for the hearing thereof but, except as aforesaid and unless the Court otherwise orders or any of these rules otherwise provides, a summons must be served on every other party not less than 2 clear days before the day so specified.

4. Adjournment of hearing. (O. 32 r. 4)

(1) The hearing of a summons may be adjourned from time to time, either generally or to a particular date, as may be appropriate.

(2) If the hearing is adjourned generally, the party by whom the summons was taken out may restore it to the list on 2 clear days’ notice to all the other parties on whom the summons was served.

5. Proceeding in absence of party failing to attend. (O. 32 r. 5)

(1) Where any party to a summons fails to attend on the first or any resumed hearing thereof, the Court may proceed in his absence if, having regard to the nature of the application, it thinks it expedient so to do.

(2) Before proceeding in the absence of any party the Court may require to be satisfied that the summons or, as the case may be, notice of the time appointed for the resumed hearing was duly served on that party.

(3) Where the Court hearing a summons proceeded in the absence of a party, then, provided that any order made on the hearing has not been perfected, the Court, if satisfied that it is just to do so, may rehear the summons.

(4) Where an application made by summons has been dismissed without a hearing by reason of the failure of the party who took out the summons to attend the hearing, the Court, if satisfied that it is just to do so, may allow the summons to be restored to the list.

6. Order made ex parte may be set aside. (O. 32 r. 6)

The Court may set aside an order made ex parte.

7. Subpoena for attendance of witness. (O. 32 r. 7)

(1) A writ a subpoena ad testificandum.... or a writ of subpoena duces tecum to compel the attendance of a witness for the purpose of proceedings in Chambers may be issued out of the Registry if the party who desires the attendance of the witness produces a note from a Judge or the Registrar, as the case may be, authorizing the issue of the writ.

(2) The Registrar, may give such a note or may direct that the application for it be made to the Judge before whom the proceedings are to be heard.

8. Application for leave to institute certain proceedings. (31/52.) (O. 32 r. 8)

(1) The jurisdiction of the High Court to grant leave under section 70 of the Mental Disorders Ordinance 1952 to bring proceedings against a person, may be exercised in Chambers only by a Judge.

(2) No appearance need be entered to an originating summons by which an application for leave under the said section 70 is made.

(3)The application must be supported by an affidavit setting out the grounds on which such leave is sought and any facts necessary to substantiate those grounds.

9. Jurisdiction of Registrar. (O. 32 r. 9)

The Registrar shall have power to transact all such business and exercise all such authority and jurisdiction as under the Act or these rules may be transacted and exercised by a Judge in Chambers except such business, authority and jurisdiction as the Chief Justice may from time to time direct to be transacted or exercised by a Judge in person or as may by any of these rules be expressly directed to be transacted or exercised by a Judge in person.

10. Reference of matter to Judge. (O. 32 r. 10)

The Registrar may refer to a Judge any matter which he thinks should properly be decided by a Judge, and the Judge may either dispose of the matter or refer it back to the Registrar, as the case may be, with such directions as he thinks fit.

11. Power to direct hearing in Court. (O. 32 r. 11)

(1) The Judge in Chambers may direct that any summons, application or appeal shall be heard in Court or shall be adjourned into Court to be so heard if he considers that by reason of its importance or for any other reason it should be so heard.

(2) Any matter heard in Court by virtue of a direction under paragraph (1) may be adjourned from Court into Chambers.

12. Obtaining assistance of experts. (O. 32 r. 12)

If the Court thinks it expedient in order to enable it better to determine any matter arising in proceedings in Chambers, it may obtain the assistance of any person specially qualified to advise on that matter and may act upon his opinion.

13. Notice of filing, etc. of affidavit. (O. 32 r. 13)

(1) Any party–

(a) filing an affidavit intended to be used by him in any proceedings in Chambers; or
(b) intending to use in any such proceedings any affidavit filed by him in previous proceedings,
must give notice to every other party of the filing or, as the case may be, of his intention to do so.

(2) Save as otherwise provided in these rules–

(a) an affidavit intended to be used in support of an application must be filed and served on the other party within 14 days from the date of the filing of the application; and
(b) a party wishing to reply an affidavit served on him must file his affidavit and serve it on the other party within 14 days from the date on which the affidavit he intends to reply was served on him. [Ins. P.U. (A) 192/93]

14. Disposal of matters in Chambers. (O. 32 r. 14)

The Judge may by any judgment or order made in Court in any proceedings direct that such matters (if any) in the proceedings as he may specify shall be disposed of in Chambers.

15. Papers for use of Court, etc. (O. 32 r. 15)

The original of any document which is to be used in evidence in proceedings in Chambers must, if it is available, be brought in, and copies of any such document or of any part thereof shall be supplied for the use of the Court or be given to the other parties to the proceedings.

16. Uncontested chamber applications. (O. 32 r. 16)

If a Judge is satisfied that all parties to an application at Chambers have been served and have consented to the application he may in the absence of the parties or their solicitors order the granting of the application by minute on the file and the Court shall inform the applicant or his solicitor in writing of the order.
Application under the Settled Estates Ordinance

17. Application for sale or lease of settled estates. (O. 32 r. 17)

(1) An application under the Settled Estates Ordinance (S.S. Cap. 52), for a lease or sale of settled estate or any part thereof may be made by originating summons, containing a detailed description of the property to be dealt with, and shall be entitled in the matter of the settlement. Such title shall contain the name of the settlor and a description of the instrument creating the settlement.

(2) It shall be supported by affidavit setting forth inter alia the names and addresses of all persons interested in the settled property.

18. Consent in writing. (O. 32 r. 18)

Any person interested in the application may signify his consent thereto in writing, attested either by a solicitor or by the Registrar. Such written consent may be indorsed on the summons, or, if not so indorsed, may be filed.

19. Direction for service. (O. 32 r. 19)

(1) The Court or a Judge may direct that notice of any application be served on any person who has not been served, or that notice of the application be inserted in a newspaper.

(2) Where a notice is ordered to be inserted in a newspaper, any person may, within the time specified in the notice apply by summons, either ex parte, or on notice to the applicant, for leave to be heard in opposition to or in support of the application.

(3) If the application is made ex parte, and the Court or Judge gives such leave, it shall be subject to such order as to costs as the Court or Judge thinks fit.

(4) Any order made ex parte giving such leave shall be served on the applicant or his solicitor.

20. Contents of order. (O. 32 r. 20)

Every order under this part of this Order shall state, in addition to the names of the parties making the application–

(a) the names of the persons, other than the applicant, who concur or consent, or to whom notice of the application has been given, or who under rule 19 have obtained leave to be heard in opposition to or in support of the application;
(b) whether any notification was received from the persons to whom notice was

given, and, if any was received, the purport thereof, and also the names of the persons, if any, notice to whom was dispensed with; and
(c) whether the order is made subject to any and what rights, estate or interest of any person, whose concurrence or consent was refused, or who is or is not deemed to have submitted his rights or interest to be dealt with by the Court or Judge, or whose rights or interests ought in the opinion of the Court or Judge to be excepted.

21. Order for lease. (O. 32 r. 21)

In cases where the Court or Judge authorises a lease, the order shall direct that the lease shall contain such conditions as are required by section 5 of the Settled Estates Ordinance, (S.S. Cap. 52), and such other covenants, conditions and stipulations as the Court or Judge deems expedient with reference to the special circumstances, or may direct the same to contain such covenants, conditions and stipulations as may be approved by the Registrar, without directing the lease to be settled by the Judge.

22. Existing practice to be applied. (O. 32 r. 22)

In all cases not provided for by the Settled Estates Ordinance or these rules, the forms and mode of procedure and practice of the Court, heretofore existing for similar proceedings, shall apply to proceedings under the said Ordinance.