Hong Kong Regulations

THE RULES OF THE HIGH COURT - ORDER 14

SUMMARY JUDGMENT

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2 1. Application
by plaintiff for summary judgment (O. 14, r. 1)

(1) Where in an action to which this rule applies a statement of  claim has
been served on a defendant and that defendant has given notice 
of intention to defend the action, the plaintiff may, on the ground that that
defendant has no defence to a claim included in the writ, or to a particular
part of such a claim, or has no defence to such a claim or part except as to
the amount of any damages claimed, apply to the Court for judgment against
that defendant.

(2) Subject to paragraph (3) this rule applies to every action begun by writ
other than-

   (a)  an action which includes a claim by the plaintiff for libel, slander,
        malicious prosecution, false imprisonment or seduction,

   (b)  an action which includes a claim by the plaintiff based on an
        allegation of fraud, or

   (c)  an Admiralty action in rem.

(3) This Order shall not apply to an action to which Order 86 or Order 88
applies.

2. Manner in which application under rule 1 must be made (O. 14, r. 2)

(1) An application under rule 1 must be made by summons supported by an
affidavit verifying the facts on which the claim, or the part of a claim, to
which the application relates is based and stating that in the deponent's
belief there is no defence to that claim or part, as the case may be, or no
defence except as to the amount of any damages claimed.

(2) Unless the Court otherwise directs, an affidavit for the purposes of this
rule may contain statements of information or belief with the sources and
grounds thereof.

(3) The summons, a copy of the affidavit in support and of any exhibits
referred to therein must be served on the defendant not less than 10 clear
days before the return day.

3. Judgment for plaintiff (O. 14, r. 3)

(1) Unless on the hearing of an application under rule 1 either the  Court
dismisses the application or the defendant satisfies the Court with respect to
the claim, or the part of a claim, to which the application relates that there
is an issue or question in dispute which ought to be tried or that there ought
for some other reason to be a trial of that claim or part, the Court may give
such judgment for the plaintiff against that defendant on that claim or part
as may be just having regard to the nature of the remedy or relief claimed.
(See App. A Form 44)

(2) The Court may by order, and subject to such conditions, if any, as may be
just, stay execution of any judgment given against a defendant under this rule
until after the trial of any counterclaim made or raised  by the defendant in
the action.

4. Leave to defend (O. 14, r. 4)

(1) A defendant may show cause against an application under rule 1 by
affidavit or otherwise to the satisfaction of the Court.

(2) Rule 2(2) applies for the purposes of this rule as it applies for the
purposes of that rule.

(3) The Court may give a defendant against whom such an application is made
leave to defend the action with respect to the claim, or the part of a claim,
to which the application relates either unconditionally or on such terms as to
giving security or time or mode of trial or otherwise as it thinks fit.

(4) On the hearing of such an application the Court may order a defendant
showing cause or, where that defendant is a body corporate, any director,
manager, secretary or other similar officer thereof, or any person purporting
to act in any such capacity-

   (a)  to produce any document;

   (b)  if it appears to the Court that there are special circumstances which
        make it desirable that he should do so, to attend and be examined on
        oath.

5. Application for summary judgment on counterclaim (O. 14, r. 5)

(1) Where a defendant to an action begun by writ has served a counterclaim on
the plaintiff, then, subject to paragraph (3), the defendant may, on the
ground that the plaintiff has no defence to a claim made in the counterclaim,
or to a particular part of such a claim, apply to the Court for judgment
against the plaintiff on that claim or part.

(2) Rules 2, 3 and 4 shall apply in relation to an application under this rule
as they apply in relation to an application under rule 1 but with the
following modifications, that is to say-

   (a)  references to the plaintiff and defendant shall be construed as
        references to the defendant and plaintiff respectively;

        (b)	the words in rule 3 (2) "any counterclaim made or raised by the 
defendant in" shall be omitted; and

   (c)  the reference in rule 4(3) to the action shall be construed as a
        reference to the counterclaim to which the application under this rule
        relates.

(3) This rule shall not apply to a counterclaim which includes any such claim
as is referred to in rule 1(2).

6. Directions (O. 14, r. 6)

(1) Where the Court-

   (a)  orders that a defendant or a plaintiff have leave (whether conditional
        or unconditional) to defend an action or counterclaim, as the case may
        be, with respect to a claim or a part of a claim, or

   (b)  gives judgment for a plaintiff or a defendant on a claim or part of a
        claim but also orders that execution of the judgment be stayed pending
        the trial of a counterclaim or of the action, as the case may be,
        the Court shall give directions as to the further conduct of
        the action, and Order 25, rules 2 to 7, shall, with the omission of so
        much of rule 7(1) as requires parties to serve a notice specifying the
        orders and directions which they require and with any other necessary
        modifications, apply as if the application under rule 1 of this Order
        or rule 5 thereof, as the case may be, on which the order was made
        were a summons for directions.

(2) In particular, and if the parties consent, the Court may direct that the
claim in question and any other claim in the action be tried by a master under
the provisions of these rules relating to the trial of causes or matters or
questions or issues by masters.

7. Costs (O. 14, r. 7)

(1) If the plaintiff makes an application under rule 1 where the case is not
within this Order or if it appears to the Court that the plaintiff knew that
the defendant relied on a contention which would entitle him to unconditional
leave to defend, then, without prejudice to Order 62 and in particular to rule
4(1) thereof, the Court may dismiss the application with costs and may require
the costs to be paid by him forthwith.

(2) The Court shall have the same power to dismiss an application under rule 5
as it has under paragraph (1) to dismiss an application under rule 1, and that
paragraph shall apply accordingly with the necessary modifications.

8. Right to proceed with residue of action or counterclaim (O. 14, r. 8)

(1) Where on an application under rule 1 the plaintiff obtains judgment on a
claim or a part of a claim against any defendant, he may proceed with
the action as respects any other claim or as respects the remainder of the
claim or against any other defendant.

(2) Where on an application under rule 5 a defendant obtains judgment on a
claim or part of a claim made in a counterclaim against the plaintiff, he may
proceed with the counterclaim as respects any other claim or as respects the
remainder of the claim or against any other defendant to the counterclaim.

9. Judgment for delivery up of chattel (O. 14, r. 9)

Where the claim to which an application under rule 1 or rule 5 relates is for
the delivery up of a specific chattel and the Court gives judgment under this
Order for the applicant, it shall have the same power to order the party
against whom judgment is given to deliver up the chattel without giving him an
option to retain it on paying the assessed value thereof as if the judgment
had been given after trial.

10. Relief against forfeiture (O. 14, r. 10)

A tenant shall have the same right to apply for relief after judgment for
possession of land on the ground of forfeiture for non-payment of rent has
been given under this Order as if the judgment had been given after trial.

11. Setting aside judgment (O. 14, r. 11)

Any judgment given against a party who does not appear at the hearing of an
application under rule 1 or rule 5 may be set aside or varied by the  Court on
such terms as it thinks just. (Enacted 1988)