Comparison View

Formal Consolidation |  2020 RevEd
Rules of Court
448.—(1)  The Rules Committee appointed under section 80(3) of the Supreme Court of Judicature Act 1969 may make Rules of Court —
(a)to regulate and prescribe —
(i)proceedings and the practice and procedure of the Court under this Act;
(ii)proceedings and the practice and procedure of the Appellate Division of the High Court or the Court of Appeal on an appeal from the Court; and
(iii)any matters incidental to or relating to any such proceedings, practice and procedure;
(b)to provide for fees and costs for the proceedings mentioned in paragraph (a);
(c)to prescribe rules as to meetings ordered by the Court;
(d)to prescribe such matters as are required by this Act to be prescribed by Rules of Court made under this section; and
(e)to provide for matters generally with respect to corporate insolvency proceedings or bankruptcy proceedings under this Act.
[40/2019]
(2)  Without limiting subsection (1), the Rules of Court made under this section may provide for the following matters:
(a)the manner in which, and the time within which, any application is to be made to the Court, the Appellate Division of the High Court or the Court of Appeal under this Act;
(b)the part of the business which may be transacted by a Judge in court or in chambers, and the part of the jurisdiction and powers which may be exercised by a Judge in court or in chambers, which may be transacted or exercised by the Registrar (including provisions for appeals against decisions of the Registrar);
(c)the procedure to be followed on appeals from the Court to the Appellate Division of the High Court or the Court of Appeal;
(d)the scales of allowances, costs and fees to be taken or paid to any party or witness in any proceedings in the Court, the Appellate Division of the High Court or the Court of Appeal, and any matters relating to the costs of proceedings in such courts;
(e)any rules enabling proceedings —
(i)to be commenced in the Court against the estate of a deceased person (whether by the appointment of a person to represent the estate or otherwise) where no grant of probate or letters of administration has been made;
(ii)purporting to have been commenced in the Court by or against a person to be treated, if the person was dead at their commencement, as having been commenced by or against (as the case may be) the person’s estate, whether or not a grant of probate or letters of administration was made before their commencement; and
(iii)commenced or treated as commenced in the Court by or against the estate of a deceased person to be maintained (whether by substitution of parties, amendment or otherwise) by or against (as the case may be) a person appointed to represent the estate or, if a grant of probate or letters of administration is or has been made, by or against the personal representatives;
(f)the means by which particular facts may be proved, and the mode in which evidence of those facts may be given, in any proceedings or on any application in connection with or at any stage of any proceedings;
(g)the joinder of parties and for prescribing in what cases persons absent, but having an interest in a cause or matter, are to be bound by any order made in the cause or matter, and the causes or matters in which orders may be made for the representation of absent persons by one or more parties to a cause or matter;
(h)the rate of interest payable on all debts, including judgment debts, or on the sums found due on taking accounts between parties, or on sums found due and unpaid by receivers or other persons liable to account to the Court, except that the rate of interest must not exceed 8% per annum in any case, unless it has been otherwise agreed between the parties;
(i)the cases in which money due under a judgment or order is to be paid into court;
(j)the modes in which a writ of seizure and sale may be executed, the manner in which seizure may be made of any property seizable under the writ of seizure and sale, the mode of sale by the Sheriff or any other officer of the Court of any property so seized, and the manner in which the right and title of purchasers of the property at any sale by any officer of the Court may be secured to the purchasers;
(k)the discovery of a judgment debtor’s property in aid of the execution of any judgment or order;
(l)the taking of evidence before an examiner on commission or by letters of request, and the circumstances in which evidence so taken may be read on the trial of an action;
(m)the cases in which and the conditions on which a court may act upon the certificate of accountants, actuaries or other scientific persons;
(n)the duties of the Accountant appointed under section 66(1) of the Supreme Court of Judicature Act 1969 in respect of funds or property in the custody of the Court, and in particular the mode of transfer of securities into the name of the Accountant, the method of investment of any such funds, the rate of interest to be charged on those funds, and the manner in which unclaimed funds may be dealt with.
[40/2019]
(3)  All Rules of Court made under this section must be presented to Parliament as soon as possible after publication in the Gazette.
Informal Consolidation | Amended Act 25 of 2021
Rules of Court
448.—(1)  The Rules Committee appointed under section 80(3) of the Supreme Court of Judicature Act 1969 may make Rules of Court —
(a)to regulate and prescribe —
(i)proceedings and the practice and procedure of the Court under this Act;
(ii)proceedings and the practice and procedure of the Appellate Division of the High Court or the Court of Appeal on an appeal from the Court; and
(iii)any matters incidental to or relating to any such proceedings, practice and procedure;
(b)to provide for fees and costs for the proceedings mentioned in paragraph (a);
(c)to prescribe rules as to meetings ordered by the Court;
(d)to prescribe such matters as are required by this Act to be prescribed by Rules of Court made under this section; and
(e)to provide for matters generally with respect to corporate insolvency proceedings or bankruptcy proceedings under this Act.
[40/2019]
(2)  Without limiting subsection (1), the Rules of Court made under this section may provide for the following matters:
(a)the manner in which, and the time within which, any application is to be made to the Court, the Appellate Division of the High Court or the Court of Appeal under this Act;
(b)the part of the business which may be transacted by a Judge in court or in chambers, and the part of the jurisdiction and powers which may be exercised by a Judge in court or in chambers, which may be transacted or exercised by the Registrar (including provisions for appeals against decisions of the Registrar);
(c)the procedure to be followed on appeals from the Court to the Appellate Division of the High Court or the Court of Appeal;
(d)the scales of allowances, costs and fees to be taken or paid to any party or witness in any proceedings in the Court, the Appellate Division of the High Court or the Court of Appeal, and any matters relating to the costs of proceedings in such courts;
(e)any rules enabling proceedings —
(i)to be commenced in the Court against the estate of a deceased person (whether by the appointment of a person to represent the estate or otherwise) where no grant of probate or letters of administration has been made;
(ii)purporting to have been commenced in the Court by or against a person to be treated, if the person was dead at their commencement, as having been commenced by or against (as the case may be) the person’s estate, whether or not a grant of probate or letters of administration was made before their commencement; and
(iii)commenced or treated as commenced in the Court by or against the estate of a deceased person to be maintained (whether by substitution of parties, amendment or otherwise) by or against (as the case may be) a person appointed to represent the estate or, if a grant of probate or letters of administration is or has been made, by or against the personal representatives;
(f)the means by which particular facts may be proved, and the mode in which evidence of those facts may be given, in any proceedings or on any application in connection with or at any stage of any proceedings;
(g)the joinder of parties and for prescribing in what cases persons absent, but having an interest in a cause or matter, are to be bound by any order made in the cause or matter, and the causes or matters in which orders may be made for the representation of absent persons by one or more parties to a cause or matter;
(h)the rate of interest payable on all debts, including judgment debts, or on the sums found due on taking accounts between parties, or on sums found due and unpaid by receivers or other persons liable to account to the Court, except that the rate of interest must not exceed 8% per annum in any case, unless it has been otherwise agreed between the parties;
(i)the cases in which money due under a judgment or order is to be paid into court;
(j)the modes in which an enforcement order for seizure and sale of property may be executed, the manner in which seizure may be made of any property seizable under the enforcement order for seizure and sale of property, the mode of sale by the Sheriff or any other officer of the Court of any property so seized, and the manner in which the right and title of purchasers of the property at any sale by any officer of the Court may be secured to the purchasers;
[Act 25 of 2021 wef 01/04/2022]
(k)the discovery of a judgment debtor’s property in aid of the enforcement of any judgment or order;
[Act 25 of 2021 wef 01/04/2022]
(l)the taking of evidence before an examiner on commission or by letters of request, and the circumstances in which evidence so taken may be read on the trial of an action;
(m)the cases in which and the conditions on which a court may act upon the certificate of accountants, actuaries or other scientific persons;
(n)the duties of the Accountant appointed under section 66(1) of the Supreme Court of Judicature Act 1969 in respect of funds or property in the custody of the Court, and in particular the mode of transfer of securities into the name of the Accountant, the method of investment of any such funds, the rate of interest to be charged on those funds, and the manner in which unclaimed funds may be dealt with.
[40/2019]
(3)  All Rules of Court made under this section must be presented to Parliament as soon as possible after publication in the Gazette.