ORDER 33
ADMIRALTY PROCEEDINGS AND
MARINE INSURANCE CLAIMS
Application and definitions of this Order (O. 33, r. 1)
1.—(1)  This Order applies to Admiralty causes and matters, and the other provisions of these Rules apply to those causes and matters subject to the provisions of this Order.
(2)  In this Order —
“action in rem” means an Admiralty action in rem;
“caveat against arrest” means a caveat entered in the record of caveats under Rule 5;
“caveat against release and payment” means a caveat entered in the record of caveats under Rule 14;
“electronic track data” means a digital or electronic recording of the track of a vessel (including any associated visual or aural recordings) that is recorded by an automatic identification system (AIS) or electronic chart display and information system (ECDIS), a voyage data recorder, or any other similar equipment, whether that system, recorder or equipment is ship‑based or shore‑based;
“limitation action” means an action by shipowners or other persons under any written law for the limitation of the amount of their liability in connection with a ship or other property;
“record of caveats” means the information kept by the Registry on the caveats issued under this Order;
“Sheriff’s account” means the account which is maintained pursuant to Order 27, Rule 15;
“ship” includes any description of vessel used in navigation.
(3)  In this Order, any reference to payment into Court of proceeds of sale of any property sold by the Sheriff means payment of such proceeds into the Sheriff’s account.
Issue of originating claim and filing of notice of intention to contest or not contest (O. 33, r. 2)
2.—(1)  An action in rem must be begun by originating claim; and the originating claim must be in Form 48.
(2)  The originating claim by which an Admiralty action in personam is begun must be in Form 8 and the words “admiralty action in personam” must be inserted above the space for the number of the originating claim.
(3)  Order 6, Rules 5(4) and (6) and 6(1), (2), (3), (4) and (7) do not apply to an action begun under this Order.
(4)  A defendant who is served an originating claim in Singapore must file and serve a notice of intention to contest or not contest within 14 days after the originating claim is served on the defendant.
(5)  A defendant who is served out of Singapore must file and serve such a notice within 21 days after the originating claim is served on the defendant.
(6)  The notice of intention to contest or not contest the originating claim must be in Form 49.
(7)  The filing and service of such a notice is not treated as a submission to jurisdiction or a waiver of any improper service of the originating claim.
(8)  If the defendant in an action in personam, other than an action mentioned in Rule 3(1), fails to file and serve such notice within the prescribed time or states in the notice that the defendant does not intend to contest all or some of the claims, the claimant may apply for judgment to be given against the defendant in Form 50.
(9)  For the purpose of service, an originating claim issued under this Order is valid in the first instance for 12 months.
(10)  Order 6, Rule 6(5) and (6) and Order 16, Rule 2(6) and (7) apply to and in relation to an originating claim issued under this Order.
Service out of Singapore (O. 33, r. 3)
3.—(1)  This Rule applies to limitation actions, and to actions commenced by originating claim containing a claim for damage, loss of life or personal injury arising out of —
(a)a collision between ships;
(b)the carrying out of or omission to carry out a manoeuvre in the case of one or more of 2 or more ships; or
(c)non‑compliance on the part of one or more of 2 or more ships with the collision regulations.
(2)  Subject to the provisions of this Rule, service out of Singapore of an originating claim for a limitation action, or an originating claim containing a claim mentioned in paragraph (1) is permissible with the permission of the Court if —
(a)the defendant has the defendant’s habitual residence or a place of business within Singapore;
(b)the cause of action arose within inland waters of Singapore or within the limits of the port of Singapore;
(c)an action arising out of the same incident or series of incidents is proceeding in the General Division or has been heard and determined in the General Division; or
(d)the defendant has submitted or agreed to submit to the jurisdiction of the General Division.
(3)  This Rule does not apply to an action in rem.
(4)  Order 8 (except Rule 4) applies to service out of Singapore under this Rule.
(5)  In this Rule, “collision regulations”, “inland waters of Singapore” and “port of Singapore” have the meanings given by the High Court (Admiralty Jurisdiction) Act.
Warrant of arrest (O. 33, r. 4)
4.—(1)  In an action in rem the claimant or defendant (as the case may be) may, after the issue of the originating claim in the action and subject to the provisions of this Rule, apply for a warrant in Form 51 for the arrest of the property against which the action or any counterclaim in the action is brought.
(2)  Before a warrant to arrest any property is issued, a party applying for it must —
(a)file a warrant in Form 51; and
(b)procure a search to be made in the record of caveats for the purpose of ascertaining whether there is a caveat against arrest in force with respect to that property.
(3)  A warrant of arrest must not be issued until the party applying for the warrant has filed an affidavit made by that party or that party’s agent containing the particulars required by paragraphs (6) and (7); however, the Court may, if the Court thinks fit, allow the warrant to issue even though the affidavit does not contain all those particulars.
(4)  Except with the permission of the Court, a warrant of arrest must not be issued in an action in rem against a foreign ship belonging to a port of a state having a consulate in Singapore, being an action for possession of the ship or for wages, until notice that the action has been begun has been sent to the consul.
(5)  Issue of a warrant of arrest takes place upon its being sealed by an officer of the Registry.
(6)  Every affidavit required by paragraph (3) must state —
(a)the name, address and occupation of the applicant for the warrant;
(b)the nature of the claim or counterclaim in respect of which the warrant is required and that it has not been satisfied and, if it arises in connection with a ship, the name of that ship; and
(c)the nature of the property to be arrested and, if the property is a ship, the name of the ship and the port of her registry.
(7)  Every affidavit in an action in rem brought against a ship by virtue of section 4(4) of the High Court (Admiralty Jurisdiction) Act, must state —
(a)the name of the person who would be liable on the claim in an action in personam (the relevant person);
(b)that the relevant person was when the cause of action arose the owner or charterer of, or in possession or in control of, the ship in connection with which the claim arose;
(c)that at the time of the issue of the originating claim, the relevant person was either the beneficial owner of all the shares in the ship in respect of which the warrant is required or the charterer of that ship under a charter by demise; and
(d)in the case of a claim for possession of a ship or for wages, the nationality of the ship in respect of which the warrant is required, and that the notice (if any) required by paragraph (4) has been sent.
Caveat against arrest (O. 33, r. 5)
5.—(1)  A person who desires to prevent the arrest of any property must file in the Registry a caveat, in Form 52, signed by the person’s solicitor undertaking —
(a)to file a notice of intention to contest or not contest in any action that may be begun against the property described in the caveat; and
(b)within 3 days after receiving notice that such an action has been begun, to give bail in the action in a sum not exceeding an amount specified in the caveat or to pay the amount so specified into Court,
and the caveat so filed must be entered in the record of caveats.
(2)  The fact that there is a caveat against arrest in force does not prevent the issue of a warrant to arrest the property to which the caveat relates.
Remedy where property protected by caveat is arrested without good and sufficient reason (O. 33, r. 6)
6.  Where any property with respect to which a caveat against arrest is in force is arrested in pursuance of a warrant of arrest, the party at whose instance the caveat was entered may apply to the Court by summons for an order under this Rule and, on the hearing of the application, the Court, unless it is satisfied that the party procuring the arrest of the property had a good and sufficient reason for so doing, may by order discharge the warrant and may also order the last mentioned party to pay to the applicant damages in respect of the loss suffered by the applicant as a result of the arrest.
Service of originating claim in action in rem (O. 33, r. 7)
7.—(1)  Subject to paragraph (2), an originating claim by which an action in rem is begun must be served on the property against which the action is brought except —
(a)where the property is freight, in which case it must be served on the cargo in respect of which the freight is payable or on the ship in which that cargo was carried; or
(b)where the property has been sold by the Sheriff, in which case the originating claim may not be served on that property but a sealed copy of it must be filed in the Registry and served on the Sheriff, and the originating claim is deemed to have been served on the day on which the copy was filed.
(2)  An originating claim need not be served as mentioned in paragraph (1) if the originating claim is deemed to have been duly served on the defendant by virtue of paragraph (3).
(3)  An originating claim is deemed to have been duly served on the defendant in the following circumstances and at the time specified in relation to that circumstance:
(a)when the defendant’s solicitor endorses on the originating claim a statement that he or she accepts service of the originating claim on behalf of the defendant, the originating claim is deemed to have been duly served on the date on which the endorsement was made;
(b)subject to Rule 2(7), when the defendant files a notice of intention to contest or not contest in the action even though the originating claim is not duly served on the defendant, the originating claim is deemed to have been duly served on the defendant on the date on which the defendant filed the notice of intention to contest or not contest.
(4)  Subject to paragraph (5), where by virtue of this Rule an originating claim is required to be served on any property, service may be effected by the Sheriff or by a solicitor or a solicitor’s clerk whose name and particulars have been notified to the Registrar for this purpose.
(5)  The Registrar may, in a particular cause or matter, allow service to be effected by any other named person and must, in that case, cause to be marked on the originating claim required to be served, a memorandum to that effect.
(6)  Where the claimant requests an originating claim to be served on any property by the Sheriff or the Sheriff’s officer, the claimant must leave a copy of the originating claim at the Registry and file in the Registry a request in Form 53; and the Sheriff or the Sheriff’s officer must serve the originating claim on the property described in the request.
(7)  The expenses incurred by the Sheriff or the Sheriff’s officer in effecting service must be paid to the Sheriff on demand by the Sheriff.
(8)  Where an originating claim is served on any property by the Sheriff or the Sheriff’s officer, the person effecting service must endorse on the originating claim the following particulars, that is to say, where it was served, the property on which it was served, the day of the week and the date on which it was served, the manner in which it was served and the name and the address of the person effecting service, and the endorsement is evidence of the facts stated in the endorsement.
(9)  When service has been effected under paragraph (8), the Sheriff must give to the claimant requesting service, a written notice of the fact and the manner of service.
(10)  Where the claimant in an action in rem, or the claimant’s solicitor, becomes aware that there is in force a caveat against arrest with respect to the property against which the action is brought, the claimant must serve the originating claim forthwith on the person at whose instance the caveat was entered.
(11)  Despite anything in paragraph (12), an originating claim by which an action in rem is begun may, without permission of the Court, be amended once at any time after service of the originating claim, where the amendment is solely to delete defendant vessels and to identify the defendant vessel against which the claim is continued; and, unless the Court otherwise directs on an application made without notice, the amended originating claim must be served on any intervener and any defendant who has filed and served a notice of intention to contest or not contest in the action or, if no defendant has filed and served a notice of intention to contest or not contest in the action, it must be served or filed in accordance with paragraph (1).
(12)  Permission of the Court is required in relation to an amendment which consists of —
(a)the addition, omission or substitution of a party to the action or an alteration of the capacity in which a party to the action sues or is sued;
(b)the addition or substitution of a new cause of action; or
(c)an amendment of the statement of claim (if any) endorsed on the originating claim,
unless the amendment is made before service of the originating claim on any party to the action.
Committal of solicitor failing to comply with undertaking (O. 33, r. 8)
8.  Where the solicitor of a party to an action in rem fails to comply with a written undertaking by the solicitor to any other party or that other party’s solicitor to file and serve a notice of intention to contest or not contest in the action, give bail or pay money into Court in lieu of bail, the solicitor is liable to committal.
Execution, etc., of warrant of arrest (O. 33, r. 9)
9.—(1)  A warrant of arrest is valid for 12 months beginning with the date of its issue.
(2)  A warrant of arrest may be executed by the Sheriff or by a solicitor or a solicitor’s clerk whose name and particulars have been notified to the Registrar for this purpose.
(3)  Despite paragraph (2), the Registrar may, in a particular cause or matter, allow a warrant of arrest to be executed by any other named person and must, in that case, cause to be marked on the warrant required to be executed, a memorandum to that effect.
(4)  A warrant of arrest must not be executed by the Sheriff or the Sheriff’s officer until an undertaking in writing, satisfactory to the Sheriff, to pay the fees and expenses of the Sheriff, has been lodged in the Sheriff’s office by the party requesting the execution.
(5)  A warrant of arrest must not be executed if the party at whose instance it was issued lodges a written request to that effect with the Sheriff.
(6)  A warrant of arrest issued against freight may be executed by serving the warrant on the cargo in respect of which the freight is payable or on the ship in which that cargo was carried or on both of them.
(7)  Subject to paragraph (6) and Rule 11, a warrant of arrest must be served on the property against which it is issued.
(8)  Within one working day after the service of a warrant of arrest, a report of the arrest must be made —
(a)in any case where the warrant of the arrest was executed by a solicitor or a solicitor’s clerk, by the solicitor or solicitor’s clerk (as the case may be) for the Sheriff; or
(b)in any other case, by the Sheriff.
Service on ships, etc.: How effected (O. 33, r. 10)
10.—(1)  Subject to paragraph (2) and Rule 11, service of a warrant of arrest or originating claim in an action in rem against a ship, freight or cargo must be effected —
(a)by affixing the warrant or originating claim for a short time on any mast of the ship or on the outside of any suitable part of the ship’s superstructure; and
(b)on removing the warrant or originating claim, by leaving a copy of it affixed (in the case of the warrant) in its place or (in the case of the originating claim) on a sheltered, conspicuous part of the ship.
(2)  Service of a warrant of arrest or originating claim in an action in rem against freight or cargo or both must, if the cargo has been landed or transhipped, be effected —
(a)by placing the warrant or originating claim for a short time on the cargo and, on removing the warrant or originating claim, leaving a copy of it on the cargo; or
(b)if the cargo is in the custody of a person who will not permit access to it, by leaving a copy of the warrant or originating claim with that person.
Service on ships, etc., during relevant period (O. 33, r. 11)
11.—(1)  Despite Rules 9(6) and 10(1), but subject to Rule 10(2), during the relevant period, service of a warrant of arrest or originating claim in an action in rem against a ship, freight or cargo may be effected —
(a)by leaving a copy of the warrant of arrest or originating claim (as the case may be) with the agent of the ship or, in any case where the agent of the ship is a body corporate, at the registered or principal office of the agent of the ship; and
(b)by transmitting the warrant of arrest or originating claim (as the case may be) in either of the following ways:
(i)by fax to the fax number (if any) specified by the agent of the ship as the fax number of that agent;
(ii)by electronic mail to the electronic mail address (if any) specified by the agent of the ship as the electronic mail address of that agent.
(2)  Where the warrant of arrest or originating claim is served in accordance with paragraph (1) —
(a)the warrant of arrest or originating claim (as the case may be) is deemed to be served on the property against which it is issued; and
(b)the time of service of the warrant of arrest or originating claim is the later of —
(i)the time that the warrant of arrest or originating claim (as the case may be) is left in accordance with paragraph (1)(a); and
(ii)the time that the entire warrant of arrest or originating claim (as the case may be) is received by fax or electronic mail transmitted in accordance with paragraph (1)(b)(i) or (ii) (whichever is applicable).
(3)  Where a warrant of arrest is served in accordance with paragraph (1), the report of the arrest mentioned in Rule 9(8) must —
(a)have annexed to it a copy of the results of a search showing —
(i)the identity of the agent of the ship; and
(ii)the location of the ship or, where the property is cargo, the ship in which the cargo was carried, within the limits of the port declared under section 3(1) of the Maritime and Port Authority of Singapore Act, on the date and at the time of the service of the warrant of arrest; and
(b)state the date and time on which the search mentioned in sub‑paragraph (a) was conducted.
(4)  Despite Rule 2(10), where an originating claim issued under this Order is served in accordance with paragraph (1), Order 6, Rule 6(5) and (6) does not apply to the originating claim, and the claimant in the action begun by the originating claim is not entitled to enter final or interlocutory judgment in default of notice of intention to contest or not contest or in default of defence, unless —
(a)within 8 days after service, the claimant files a memorandum of service in Form 12 —
(i)containing all of the following particulars:
(A)the day of the week, date and time on which the originating claim was served;
(B)where the originating claim was served;
(C)how it was served;
(D)the person on whom the originating claim was served and the capacity in which that person was served;
(ii)to which is annexed a copy of the results of a search showing —
(A)the identity of the agent of the ship; and
(B)the location of the ship or, where the property is cargo, the ship in which the cargo was carried, within the limits of the port declared under section 3(1) of the Maritime and Port Authority of Singapore Act, on the date and at the time of the service of the originating claim; and
(iii)stating the date and time on which the search mentioned in sub‑paragraph (ii) was conducted; or
(b)the Court otherwise orders.
(5)  In this Rule, “relevant period” means any period when the provisions mentioned in either or both of the following sub‑paragraphs are in force:
(a)regulations 61A, 61B and 61C of the Maritime and Port Authority of Singapore (Port) Regulations (Cap. 170A, Rg 7);
(b)Part 3 of the Second Schedule to the COVID‑19 (Temporary Measures) (Control Order) Regulations 2020 (G.N. No. S 254/2020).
Applications with respect to property under arrest (O. 33, r. 12)
12.—(1)  The Sheriff may at any time apply to the Court for directions with respect to property under arrest in an action and may, or, if the Court so directs, must, give notice of the application to all or any of the persons referred to in paragraph (2).
(2)  The Sheriff must send a copy of any order made on an application under paragraph (1) to all those persons who, in relation to that property, have —
(a)entered a caveat which is still in force;
(b)caused a warrant for the arrest of the property to be executed by the Sheriff;
(c)filed and served a notice of intention to contest or not contest in any action in which the property is under arrest; or
(d)intervened in any action in which the property is under arrest.
(3)  A person other than the Sheriff may make an application under this Rule by summons in the action in which the property is under arrest and the summons together with copies of any affidavits in support must be served upon the Sheriff and all persons referred to in paragraph (2) unless the Court otherwise orders on an application made by summons without notice.
(4)  The Sheriff must send a copy of any order made under paragraph (1) to all the parties to every action against the property to which the order relates.
Release of property under arrest (O. 33, r. 13)
13.—(1)  Except where property arrested in pursuance of a warrant of arrest is sold under an order of the Court, property which has been so arrested must only be released under the authority of an instrument of release (called in this Rule a release), in Form 54, issued out of the Registry.
(2)  A release must not be issued with respect to property as to which a caveat against release is in force, unless, either —
(a)at the time of the issue of the release the property is under arrest in one or more other actions; or
(b)the Court so orders.
(3)  A release may be issued upon the application of any party to the action in which the warrant of arrest was issued if the Court so orders, or, subject to paragraph (2), if all the other parties to the action (except any defendant who has not filed a notice of intention to contest or not contest) in which the warrant of arrest was issued consent.
(4)  Before a release is issued, the party applying for its issue must —
(a)unless paragraph (2)(a) applies, give notice to any party at whose instance a subsisting caveat against release has been entered or that party’s solicitor requiring the caveat to be withdrawn; and
(b)file an instrument of release in Form 54.
(5)  Before property under arrest is released in compliance with a release issued under this Rule, the party upon whose application it was issued must, in accordance with the directions of the Sheriff, either —
(a)pay the fees of the Sheriff already incurred and lodge in the Sheriff’s office an undertaking to pay on demand the other fees and expenses in connection with the arrest of the property and the care and custody of it while under arrest and of its release; or
(b)lodge in the Sheriff’s office an undertaking to pay on demand all such fees and expenses, whether incurred or to be incurred.
(6)  The Court may, on the application of any party who objects to directions given to that party by the Sheriff under paragraph (5), vary or revoke the directions.
Caveat against release and payment (O. 33, r. 14)
14.—(1)  A person who desires to prevent the release of any property under arrest in an action in rem and the payment out of Court of any money in Court representing the proceeds of sale of that property must file in the Registry a caveat in Form 55, and the caveat so filed must be entered in the record of caveats.
(2)  Where the release of any property under arrest is delayed by the entry of a caveat under this Rule, any person having an interest in that property may apply to the Court by summons for an order requiring the person who procured the entry of the caveat to pay to the applicant damages in respect of the loss suffered by the applicant by reason of the delay, and the Court, unless the Court is satisfied that the person procuring the entry of the caveat had a good and sufficient reason for doing so, may make an order accordingly.
Duration of caveats (O. 33, r. 15)
15.—(1)  Every caveat entered in the record of caveats is valid for 6 months beginning with the date of its entry, but the person at whose instance a caveat was entered may withdraw it by filing a withdrawal of caveat in Form 56.
(2)  The period of validity of a caveat may not be extended but this provision is not to be taken as preventing the entry of successive caveats.
Bail (O. 33, r. 16)
16.—(1)  Bail on behalf of a party to an action in rem must be given by bond in Form 57; and the sureties to the bond must enter into the bond before a commissioner for oaths, not being a commissioner who, or whose partner, is acting as solicitor or agent for the party on whose behalf the bail is to be given, or before the Registrar.
(2)  Subject to paragraph (3), a surety to a bail bond must make an affidavit stating that the surety is able to pay the sum for which the bond is given.
(3)  Where a corporation is a surety to a bail bond given on behalf of a party, no affidavit is to be made under paragraph (2) on behalf of the corporation unless the opposite party requires it, but where such an affidavit is required it must be made by a director, manager, secretary or other similar officer of the corporation.
(4)  The party on whose behalf bail is given must serve on the opposite party a notice of bail containing the names and addresses of the persons who have given bail on that party’s behalf and of the commissioner for oaths or Registrar before whom the bail bond was entered into; and after the expiration of 24 hours after the service of the notice (or sooner with the consent of the opposite party), that party may file the bond and must at the same time file the affidavits (if any) made under paragraph (2), and an affidavit proving due service of the notice of bail to which a copy of that notice must be exhibited.
Interveners (O. 33, r. 17)
17.—(1)  Where property against which an action in rem is brought is under arrest or money representing the proceeds of sale of that property is in Court, a person who has an interest in that property or money but who is not a defendant to the action may, with the permission of the Court, intervene in the action.
(2)  An application for the grant of permission under this Rule must be made by summons without notice supported by an affidavit showing the interest of the applicant in the property against which the action is brought or in the money in Court.
(3)  A person to whom permission is granted to intervene in an action must file and serve a notice of intention to contest or not contest in the action in the Registry within the period specified in the order granting permission; and Rule 2(3) to (6) applies, with the necessary modifications, in relation to the filing and service of a notice of intention to contest or not contest by an intervener as if the intervener were a defendant named in the originating claim.
(4)  The Court may order that a person to whom the Court grants permission to intervene in an action must, within such period as may be specified in the order, serve on every other party to the action such pleading as may be so specified.
Preliminary acts (O. 33, r. 18)
18.—(1)  In an action to enforce a claim for damage, loss of life or personal injury arising out of a collision between ships, the following provisions of this Rule apply unless the Court otherwise orders.
(2)  The claimant must within 2 months after service of the originating claim on any defendant, and the defendant must within 2 months after filing and serving a notice of intention to contest or not contest, file in the appropriate registry a document in 2 parts (called in these Rules a preliminary act) containing a statement of the following:
Part One
(a)the names of the ships which came into collision and their ports of registry;
(b)the length, breadth, gross tonnage, horsepower and draught at the material time of the ship and the nature and tonnage of any cargo carried by the ship;
(c)the date and time (including the time zone) of the collision;
(d)the place of the collision;
(e)the direction and force of the wind;
(f)the state of the weather;
(g)the state, direction and force of the tidal or other current;
(h)the position, the course steered and speed through the water of the ship when the other ship was first seen or immediately before any measures were taken with reference to her presence, whichever was the earlier;
(i)the lights or shapes (if any) carried by the ship;
(j)the distance and bearing of the other ship if and when her echo was first observed by radar;
(k)the distance, bearing and approximate heading of the other ship when first seen;
(l)what light or shape or combination of lights or shapes (if any) of the other ship was first seen;
(m)what other lights or shapes or combinations of lights or shapes (if any) of the other ship were subsequently seen before the collision, and when;
(n)what alterations (if any) were made to the course and speed of the ship after the earlier of the 2 times referred to in sub‑paragraph (h) up to the time of the collision, and when, and what measures (if any) other than alterations of course or speed, were taken to avoid the collision, and when;
(o)the heading of the ship, the parts of each ship which first came into contact and the approximate angle between the 2 ships at the moment of contact;
(p)what sound signals (if any) were given, and when;
(q)what sound signals (if any) were heard from the other ship, and when;
Part Two
(r)a statement that the particulars in Part One are incorporated in Part Two;
(s)any other facts and matters upon which the party filing the preliminary act relies;
(t)all allegations of negligence or other fault which the party filing the preliminary act makes;
(u)the remedy or relief which the party filing the preliminary act claims.
(3)  Part Two of the preliminary act is deemed to be the pleading of the person filing the preliminary act (in the case of the claimant, the claimant’s statement of claim, and in the case of the defendant, the defendant’s defence and, where appropriate, the defendant’s counterclaim) and the provisions of these Rules relating to pleadings apply to it except insofar as this Rule and Rule 20 provide otherwise.
(4)  The Court may order that Part Two of the preliminary act need not be filed by the claimant or defendant and give directions for the further conduct of the action.
(5)  Every preliminary act must be sealed by the Registrar and must not be inspected except as provided in paragraph (8) or by order of the Court.
(6)  A claimant must serve notice of filing the claimant’s preliminary act on every defendant who has filed and served a notice of intention to contest or not contest within 3 days of the service of the notice of intention to contest or not contest or upon filing the claimant’s preliminary act, whichever is the later.
(7)  A defendant must, upon filing the defendant’s preliminary act, serve notice that the defendant has done so on the claimant and on every other defendant who has filed and served a notice of intention to contest or not contest.
(8)  Any party may inspect and bespeak a copy of the preliminary act of any other party upon filing in the Registry a consent signed by that other party or that other party’s solicitor.
(9)  Within 14 days after the last preliminary act in the action is filed, each party must serve on every other party a copy of the firstmentioned party’s preliminary act.
(10)  At any time after all preliminary acts have been filed, any party may apply to the Court by summons for an order that —
(a)one or more parties file in the Registry particulars of the damages claimed by them and serve a copy of the particulars on every other party; and
(b)the damages be assessed prior to or at the trial on liability.
(11)  When an order is made under paragraph (10), the claim or claims concerned are to be treated as referred for assessment and Rules 41 and 42 apply unless the Registrar otherwise directs.
Failure to file preliminary act: Proceedings against party in default (O. 33, r. 19)
19.—(1)  Where, in an action mentioned in Rule 18(1), the claimant fails to file a preliminary act within the prescribed period, any defendant who has filed such an act may apply to the Court by summons for an order to dismiss the action, and the Court may by order dismiss the action or make such other order on such terms as the Court thinks just.
(2)  Where in such an action, being an action in personam, a defendant fails to file a preliminary act within the prescribed period, Order 6, Rule 7(7) applies as if the defendant’s failure to file the preliminary act within that period were a failure by the defendant to serve a defence on the claimant within the period fixed by these Rules for service of the defence, and the claimant, if the claimant has filed a preliminary act may, subject to Order 59, Rule 7, accordingly enter judgment against that defendant in accordance with Order 6, Rule 7(7), as the circumstances of the case require.
(3)  Where in such an action, being an action in rem, a defendant fails to file a preliminary act within the prescribed period, the claimant, if the claimant has filed such an act, may apply to the Court by summons for judgment against that defendant, and it is not necessary for the claimant to file or serve a statement of claim or an affidavit before the hearing of the summons.
(4)  On the hearing of a summons under paragraph (3), the Court may make such order as the Court thinks just, and where the defendant does not appear on the hearing and the Court is of the opinion that judgment should be given for the claimant provided the claimant proves the claimant’s case, the Court must order the claimant’s preliminary act to be opened and require the claimant to satisfy the Court that the claimant’s claim is well‑founded; and the claimant’s evidence may, unless the Court otherwise orders, be given by affidavit without any order or direction in that behalf.
(5)  Where the claimant in accordance with a requirement under paragraph (4) satisfies the Court that the claimant’s claim is well‑founded, the Court may give judgment for the claim with or without a reference to the Registrar and may at the same time order the property against which the action is brought to be appraised and sold and the proceeds to be paid into Court, or make such order as the Court thinks just.
(6)  The Court may, on such terms as the Court thinks just, set aside any judgment entered in pursuance of this Rule.
(7)  In this Rule, references to the prescribed period are to be construed as references to the period within which by virtue of Rule 18(2) or of any order of the Court the claimant or defendant (as the context of the reference requires) is required to file a preliminary act.
Special provisions relating to collision, etc., actions (O. 33, r. 20)
20.—(1)  Despite anything in Order 6, Rule 9, the claimant in any action mentioned in Rule 3(1) may not serve a reply or a defence to counterclaim on the defendant except with the permission of the Court.
(2)  Every party to an action mentioned in Rule 3(1) must give production of any electronic track data that is or has been in the possession, custody or power of that party, by making and serving on every other party a list of all such electronic track data, and by making and filing an affidavit verifying that list and serving a copy of that affidavit on every other party —
(a)in a case where the defendant disputes the jurisdiction of the Court by making an application under Order 9, Rule 7(2) — within 21 days after the disposal of that application; or
(b)in any other case — within 21 days after the defendant files and serves a notice of intention to contest or not contest.
(3)  A party that has served a list of documents under paragraph (2) must, if that party has any electronic track data in the possession, custody or power of that party, allow any other party to inspect, and to take copies of, that electronic track data within 14 days after a request by that other party to do so.
Judgment by default (O. 33, r. 21)
21.—(1)  Where an originating claim is served under Rule 7(8) on a party at whose instance a caveat against arrest was issued, then if —
(a)the sum claimed in the action begun by originating claim does not exceed the amount specified in the undertaking given by that party or that party’s solicitor to procure the entry of the caveat; and
(b)that party or that party’s solicitor does not within 14 days after service of the originating claim fulfil the undertaking given by that party or that party’s solicitor as mentioned in sub‑paragraph (a),
the claimant may, after filing an affidavit verifying the facts on which the action is based, apply to the Court for judgment by default.
(2)  Judgment given under paragraph (1) may be enforced by the arrest of the property against which the action was brought and by committal of the party at whose instance the caveat with respect to that property was entered.
(3)  Where a defendant to an action in rem fails to file and serve a notice of intention to contest or not contest within the time limited for filing such notice, then, on the expiration of 14 days after service of the originating claim and upon filing an affidavit proving due service of the originating claim, an affidavit verifying the facts on which the action is based and, if a statement of claim was not endorsed on the originating claim, a copy of the statement of claim, the claimant may apply to the Court for judgment by default.
(4)  Where the originating claim is deemed to have been duly served on the defendant by virtue of Rule 7, an affidavit proving due service of the originating claim need not be filed under this paragraph, but the originating claim endorsed as mentioned in Rule 7(3)(a) or a copy of the notice of intention to contest or not contest filed by the defendant as mentioned in Rule 7(3)(b) must be exhibited in the affidavit verifying the facts on which the action is based.
(5)  Where a defendant to an action in rem fails to serve a defence on the claimant, then, after the expiration of the period fixed by these Rules for service of the defence and upon filing —
(a)an affidavit stating that no defence was served on the claimant by that defendant during that period;
(b)an affidavit verifying the facts on which the action is based; and
(c)if a statement of claim was not endorsed on the originating claim, a copy of the statement of claim,
the claimant may apply to the Court for judgment by default.
(6)  Where a defendant to a counterclaim in an action in rem fails to serve a defence to counterclaim on the defendant making the counterclaim, then, subject to paragraph (7), after the expiration of the period fixed by these Rules for service of the defence to counterclaim and upon filing —
(a)an affidavit stating that no defence to counterclaim was served on the defendant making the counterclaim by the firstmentioned defendant during that period;
(b)an affidavit verifying the facts on which the counterclaim is based; and
(c)a copy of the counterclaim,
the defendant making the counterclaim may apply to the Court for judgment by default.
(7)  No application may be made under paragraph (6) against the claimant in any action mentioned in Rule 3(1).
(8)  An application to the Court under this Rule must be made by summons and if, on the hearing of the summons, the Court is satisfied that the applicant’s claim is well‑founded, the Court may give judgment for the claim with or without a reference to the Registrar, and may at the same time order the property against which the action or (as the case may be) counterclaim is brought to be appraised and sold and the proceeds to be paid into Court, or may make such other order as the Court thinks just.
(9)  A copy each of the summons and the affidavit verifying the facts on which the action is based must be served, by or on behalf of the applicant, at least 2 clear days before the hearing of the summons, on each of the persons mentioned in Rule 12(2).
(10)  To avoid doubt, the Court may, when giving judgment under this Rule, direct the payment of interest, computed from the date of the originating claim to the date on which judgment is given, at the rate of 5.33% per year.
(11)  In default actions in rem, evidence may, unless the Court otherwise orders, be given by affidavit without any order or direction in that behalf.
(12)  The Court may, on such terms as the Court thinks just, set aside or vary any judgment entered pursuant to this Rule.
(13)  Order 6, Rules 6(5), 7(7) and 9(3) do not apply to actions in rem.
Order for sale of ship: Determination of priority of claims (O. 33, r. 22)
22.—(1)  Where, in an action in rem against a ship, the Court has ordered the ship to be sold, any party who has obtained or obtains judgment against the ship or proceeds of sale of the ship may —
(a)in a case where the order for sale contains the further order referred to in paragraph (2), after the expiration of the period specified in the order under paragraph (2)(a); or
(b)in any other case, after obtaining judgment,
apply to the Court by summons for an order determining the order of priority of the claims against the proceeds of sale of the ship.
(2)  Where, in an action in rem against a ship, the Court orders the ship to be sold, the Court may further order —
(a)that the order of priority of the claims against the proceeds of sale of the ship must not be determined until after the expiration of 90 days, or of such other period as the Court may specify, beginning with the day on which the proceeds of sale are paid into Court;
(b)that any party to the action or to any other action in rem against the ship or the proceeds of sale of the ship may apply to the Court in the action to which that party is a party to extend the period specified in the order; and
(c)that within 14 days after the date of payment into Court of the proceeds of sale, the Sheriff must send for publication in the Gazette and such newspaper or publication (if any) as the Court may direct, a notice complying with paragraph (3).
(3)  The notice referred to in paragraph (2)(c) must state —
(a)that the ship (naming her) has been sold by order of the General Division in an action in rem, identifying the action;
(b)that the gross proceeds of the sale, specifying the amount of the proceeds, have been paid into Court;
(c)that the order of priority of the claims against those proceeds will not be determined until after the expiration of the period (specifying it) specified in the order for sale; and
(d)that any person with a claim against the ship or the proceeds of sale of the ship, on which that person intends to proceed to judgment should do so before the expiration of that period.
(4)  The Sheriff must lodge in the Registry a copy of each newspaper or publication in which the notice referred to in paragraph (2)(c) appeared.
(5)  The expenses incurred by the Sheriff in complying with an order of the Court under this Rule must be included in the Sheriff’s expenses relating to the sale of the ship.
(6)  An application to the Court to extend the period referred to in paragraph (2)(a) must be made by summons, and a copy of the summons must, at least 3 days before the day fixed for the hearing of the application, be served on each party who has begun an action in rem against the ship or the proceeds of sale of the ship.
(7)  In this Rule, “Court” means the Judge in person.
Appraisement and sale of property (O. 33, r. 23)
23.—(1)  A party requesting a commission for the appraisement and sale of any property under an order of the Court must file a commission in Form 58.
(2)  Such a commission must, unless the Court otherwise orders, be executed by the Sheriff.
(3)  A commission for appraisement and sale must not be executed until an undertaking in writing satisfactory to the Sheriff to pay the fees and expenses of the Sheriff on demand has been lodged in the Sheriff’s office.
(4)  The Sheriff must pay into Court the gross proceeds of the sale of any property sold by the Sheriff under a commission for sale and must bring into Court the accounts relating to the sale (with vouchers in support) for assessment.
(5)  On the assessment of the Sheriff’s accounts relating to a sale, any person interested in the proceeds of the sale is entitled to be heard, and any decision of the Registrar made on the assessment to which objection is taken may be reviewed in the same manner and by the same persons as any decision of a Registrar made in assessment proceedings under Order 21, and Rules 27 and 28 of that Order apply accordingly with the necessary modifications.
Undertakings as to expenses (O. 33, r. 24)
24.—(1)  Every undertaking under this Order must be given in writing to the satisfaction of the Sheriff.
(2)  Where a party is required by order to give to the Sheriff an undertaking to pay any fees or expenses, the Sheriff may accept, instead of an undertaking, the deposit with the Sheriff of such sum as the Sheriff considers reasonable to meet those fees and expenses.
(3)  The Court may, on the application of any party who is dissatisfied with a direction or determination of the Sheriff under this Order, vary or revoke the direction or determination.
Payment into and out of Court (O. 33, r. 25)
25.—(1)  Order 14 (except Rules 3, 4, 5 and 12 of that Order) applies in relation to an Admiralty action as it applies to an action for debt or damages.
(2)  Subject to paragraph (3), money paid into Court must not be paid out except in pursuance of an order of the Judge in person.
(3)  The Registrar may, with the consent of the parties interested in money paid into Court, order the money to be paid out to the person entitled to the money in the following cases:
(a)where a claim has been referred to the Registrar for decision and all the parties to the reference have agreed to accept the Registrar’s decision and to the payment out of any money in Court in accordance with that decision;
(b)where property has been sold and the proceeds of sale of the property paid into Court, and the parties are agreed as to the persons to whom the proceeds are to be paid and the amount to be paid to each of those persons;
(c)where in any other case there is no dispute between the parties.
(4)  Where in an Admiralty action money has been paid into Court pursuant to an order made under Order 13, Rule 8, the Registrar may make an order under Order 13, Rule 8 for the money to be paid out to the person entitled to the money.
Directions (O. 33, r. 26)
26.—(1)  Subject to paragraphs (2) and (3), Order 9, Rules 8 and 9 apply to Admiralty actions (other than limitation actions) as they apply to other actions.
(2)  An order made pursuant to Order 9, Rule 9 or any application under Order 9, Rule 9 must determine whether the trial is to be without assessors or with one or more assessors, nautical or otherwise.
(3)  An order may be made pursuant to Order 9, Rule 9 or any application under Order 9, Rule 9, or a direction may be given at the trial, limiting the witnesses who may be called at the trial, whether they are expert witnesses or not.
(4)  Any order or direction mentioned in paragraphs (2) and (3) (including an order made on appeal) may be varied or revoked by a subsequent order or direction made or given at or before the trial by the Judge in person or, with the Judge’s consent, by the Registrar.
Fixing date for trial, etc. (O. 33, r. 27)
27.—(1)  Subject to paragraphs (2) and (3), Order 9, Rule 25 applies to Admiralty actions as it applies to other actions.
(2)  Unless the Court otherwise directs, at least 14 days before the date fixed for the trial, the party by whom the action was set down for trial must, unless the Court otherwise orders, file in the Registry —
(a)if trial with one or more assessors has been ordered, a Request for the assessors’ attendance; and
(b)any preliminary acts.
(3)  Order 16, Rule 2(5) does not apply to Admiralty actions.
Stay of proceedings in collision, etc., actions until security given (O. 33, r. 28)
28.  Where an action in rem, being an action to enforce any claim mentioned in Rule 3(1), is begun and a cross action in rem arising out of the same collision or other occurrence as the firstmentioned action is subsequently begun, or a counterclaim arising out of that occurrence is made in the firstmentioned action, then —
(a)if the ship in respect of or against which the firstmentioned action is brought has been arrested or security given to prevent her arrest; but
(b)the ship in respect of or against which the cross action is brought or the counterclaim made cannot be arrested and security has not been given to satisfy any judgment given in favour of the party bringing the cross action or making the counterclaim,
the Court may stay proceedings in the firstmentioned action until the security is given to satisfy any judgment given in favour of that party.
Inspection of ship, etc. (O. 33, r. 29)
29.  Without affecting its powers under Order 13, Rules 2 and 3 and Order 15, Rule 10(2), the Court may, on the application of any party, make an order for the inspection by the assessors (if the action is tried with assessors), or by any party or witness, of any ship or other property, whether movable or immovable, the inspection of which may be necessary or desirable for the purpose of obtaining full information or evidence in connection with any issue in the action.
Examination of witnesses and other persons (O. 33, r. 30)
30.—(1)  The power conferred by Order 9, Rule 24 extends to the making of an order authorising the examination of a witness or person on oath before a Judge sitting in Court as if it were for the trial of the cause or matter, without that cause or matter having been set down for trial or called on for trial.
(2)  The power conferred by Order 9, Rule 24 also extends to the making of an order, with the consent of the parties, providing for the evidence of a witness being taken as if before an examiner, but without an examiner actually being appointed or being present.
(3)  Where an order is made under paragraph (2), the order may make provision for any consequential matters and, subject to any provision so made, the following provisions have effect:
(a)the party whose witness is to be examined must provide a shorthand writer to take down the evidence of the witness;
(b)any representative, being an advocate or a solicitor, of either of the parties has authority to administer the oath to the witness;
(c)the shorthand writer need not himself or herself be sworn but must certify in writing as correct a transcript of his or her notes of the evidence and deliver it to the solicitor for the party whose witness was examined, and that solicitor must file it in the Registry;
(d)unless the parties otherwise agree or the Court otherwise orders, the transcript or a copy of the transcript must, before the transcript is filed, be made available to the counsel or other persons who acted as advocates at the examination, and if any of those persons is of opinion that the transcript does not accurately represent the evidence, he or she must make a certificate specifying the corrections which in his or her opinion should be made in the transcript, and that certificate must be filed with the transcript.
(4)  In actions in which preliminary acts fall to be filed under Rule 18, an order must not be made under Order 9, Rule 24 authorising any examination of a witness before the preliminary acts have been filed, unless for special reasons the Court thinks fit so to direct.
(5)  Order 9, Rule 24 applies in relation to an Admiralty cause or matter.
Issue of order to attend court (O. 33, r. 31)
31.  Order 15, Rule 4(1) to (6) applies in relation to the issue of an order to attend court to give oral evidence or to produce documents in an Admiralty cause or matter.
Proceedings for apportionment of salvage (O. 33, r. 32)
32.—(1)  Proceedings for the apportionment of salvage the aggregate amount of which has already been ascertained must be begun by originating application or by summons where there is a pending action.
(2)  Unless the Court otherwise directs, the originating application or summons and the supporting affidavit must be filed and served at least 14 days before the hearing.
(3)  On the hearing of the originating application or summons, the Judge may exercise any of the powers conferred by section 175 of the Merchant Shipping Act.
Filing and service of summons (O. 33, r. 33)
33.—(1)  A summons in any action, together with the affidavits (if any) in support of the summons, must be filed in the Registry at least 2 days before the hearing of the summons unless the Court gives permission to the contrary.
(2)  A copy of the summons and of the affidavits (if any) in support of the summons must be served on all the other parties to the proceedings.
(3)  Paragraph (2) does not apply to a summons mentioned in Rule 21(8).
Agreement between solicitors may be made order of court (O. 33, r. 34)
34.  Any agreement in writing between the solicitors of the parties to a cause or matter, dated and signed by the solicitors, may, if the Registrar thinks it reasonable and such as the Judge would under the circumstances allow, be filed in the Registry, and the agreement upon filing becomes an order of court and has the same effect as if such order had been made by the Judge in person.
Originating application: Procedure (O. 33, r. 35)
35.—(1)  Order 15, Rule 1(1) applies in relation to Admiralty proceedings begun by originating application.
(2)  Rule 27 (except paragraph (3) of that Rule) applies, with the necessary modifications, in relation to an Admiralty cause or matter begun by originating application.
Limitation action: Parties (O. 33, r. 36)
36.—(1)  In a limitation action the person seeking relief is the claimant and must be named in the originating claim by the person’s name and not described merely as the owner of, or as bearing some other relation to, a particular ship or other property.
(2)  The claimant must make one of the persons with claims against the claimant in respect of the casualty to which the action relates defendant to the action, and may make all or any of the others defendants also.
(3)  At least one of the defendants to the action must be named in the originating claim by the defendant’s name but the other defendants may be described generally and not named by their names.
(4)  The originating claim must be served on one or more of the defendants who are named by their names in the originating claim and need not be served on any other defendant.
(5)  In this Rule and Rules 38, 39 and 40, “name” includes a firm name or the name under which a person carries on that person’s business, and where any person with a claim against the claimant in respect of the casualty to which the action relates has described himself or herself for the purposes of that person’s claim merely as the owner of, or as bearing some other relation to, a ship or other property, that person may be so described as defendant in the originating claim and, if so described, is deemed for the purposes of Rules 38, 39 and 40 to have been named in the originating claim by that person’s name.
Limitation action: Constitution of limitation fund (O. 33, r. 37)
37.—(1)  The Court may allow a person seeking relief in a limitation action to constitute a limitation fund —
(a)by making payment into Court under an order of the Court; or
(b)by producing a letter of undertaking from a Protection and Indemnity Club acceptable to the Court.
(2)  A limitation fund may be established before or after the commencement of a limitation action.
(3)  If a limitation action is not commenced within 75 days after the date on which a limitation fund is established —
(a)the limitation fund will lapse; and
(b)all money paid into Court (including interest) will be repaid to the person who made the payment into Court.
(4)  Any money paid into Court under paragraph (1) cannot be paid out except under an order of the Court.
Limitation action: Summons for decree or directions (O. 33, r. 38)
38.—(1)  Within 14 days after the filing and service of a notice of intention to contest or not contest by one of the defendants named by their names in the originating claim, or, if none of them files such a notice, within 14 days after the time limited for filing such a notice, the claimant, without serving a statement of claim, must take out a summons before the Registrar asking for a decree limiting the claimant’s liability or, in default of such a decree, for directions as to the further proceedings in the action.
(2)  The summons must be supported by an affidavit or affidavits proving —
(a)the claimant’s case in the action; and
(b)if none of the defendants named in the originating claim by their names has filed a notice of intention to contest or not contest, service of the originating claim on at least one of the defendants so named.
(3)  The affidavit in support of the summons must state —
(a)the names of all the persons who, to the knowledge of the claimant, have claims against the claimant in respect of the casualty to which the action relates, not being defendants to the action who are named in the originating claim by their names; and
(b)the address of each of those persons, if known to the claimant.
(4)  Unless the Court otherwise directs, the summons and every affidavit in support of the summons must, at least 14 days before the hearing of the summons, be served on any defendant who has filed a notice of intention to contest or not contest.
(5)  On the hearing of the summons, the Court, if it appears to the Court that it is not disputed that the claimant has a right to limit the claimant’s liability, must make a decree limiting the claimant’s liability and fix the amount to which the liability is to be limited.
(6)  On the hearing of the summons, the Court, if it appears to the Court that any defendant has not sufficient information to enable the defendant to decide whether or not to dispute that the claimant has a right to limit the claimant’s liability, must give such directions as appear to the Court to be appropriate for enabling the defendant to obtain such information and must adjourn the hearing.
(7)  If on the hearing or resumed hearing of the summons, the Court does not make a decree limiting the claimant’s liability, the Court must give such directions as to the further proceedings in the action as appear to the Court to be appropriate including, in particular, a direction requiring the taking out of an application under Order 9, Rule 9.
(8)  Any defendant who, after the Court has given directions under paragraph (7), ceases to dispute the claimant’s right to limit the claimant’s liability must forthwith file a notice to that effect in the Registry and serve a copy on the claimant and on any other defendant who has filed a notice of intention to contest or not contest.
(9)  If every defendant who disputes the claimant’s right to limit the claimant’s liability serves a notice on the claimant under paragraph (8), the claimant may take out a summons before the Court asking for a decree limiting the claimant’s liability; and paragraphs (4) and (5) apply to a summons under this paragraph as they apply to a summons under paragraph (1).
Limitation action: Proceedings under decree (O. 33, r. 39)
39.—(1)  Where the only defendants in a limitation action are those named in the originating claim by their names and all the persons so named have either been served with the originating claim or filed a notice of intention to contest or not contest, any decree in the action limiting the claimant’s liability (whether made by the Registrar or on the trial of the action) —
(a)need not be advertised; but
(b)only operates to protect the claimant in respect of claims by the persons so named or persons claiming through or under them.
(2)  In any case not falling within paragraph (1), any decree in the action limiting the claimant’s liability (whether made by the Registrar or on the trial of the action) —
(a)must be advertised by the claimant in such manner and within such time as may be provided by the decree; and
(b)must fix a time within which persons with claims against the claimant in respect of the casualty to which the action relates may file and serve a notice of intention to contest or not contest in the action (if they have not already done so) and file their claims, and, in cases to which Rule 40 applies, take out a summons if they think fit, to set the decree aside.
(3)  The advertisement to be required under paragraph (2)(a) must, unless for special reasons the Registrar or the Judge thinks fit otherwise to provide, be a single advertisement in each of 3 newspapers specified in the decree —
(a)identifying the action, the casualty and the relation of the claimant to the action and casualty (whether as owner of a ship involved in the casualty or otherwise, as the case may be);
(b)stating that the decree has been made; and
(c)specifying the amounts fixed thereby as the limits of the claimant’s liability and the time allowed thereby for the filing and serving of notices of intention to contest or not contest, the filing of claims and the taking out of summonses to set the decree aside.
(4)  The claimant must within the time fixed under paragraph (2)(b) file in the Registry a copy of each newspaper in which the advertisement required under paragraph (2)(a) appears.
(5)  The time to be allowed under paragraph (2)(b) must, unless for special reasons the Registrar or the Judge thinks fit otherwise to provide, be not less than 2 months from the latest date allowed for the appearance of the advertisements; and after the expiration of the time so allowed, no notice of intention to contest or not contest may be filed and served, and no claim may be filed or summons taken out to set aside the decree except with the permission of the Registrar or, on an appeal, of the Judge.
(6)  Except as aforesaid, any decree limiting the claimant’s liability (whether made by a Registrar or on the trial of the action) may make any provision authorised by the Merchant Shipping Act.
Limitation action: Proceedings to set aside decree (O. 33, r. 40)
40.—(1)  Where a decree limiting the claimant’s liability (whether made by a Registrar or on the trial of the action) fixes a time in accordance with Rule 39(2), any person with a claim against the claimant in respect of the casualty to which the action relates, who —
(a)was not named by that person’s name in the originating claim as a defendant to the action; or
(b)if so named, neither was served with the originating claim nor filed and served a notice of intention to contest or not contest,
may, within that time, after filing and serving a notice of intention to contest or not contest, take out a summons before the Registrar asking that the decree be set aside.
(2)  The summons must be supported by an affidavit or affidavits showing that the defendant in question has a bona fide claim against the claimant in respect of the casualty in question and that the defendant has sufficient prima facie grounds for the contention that the claimant is not entitled to the relief given to the claimant by the decree.
(3)  Unless the Court otherwise directs, the summons and every affidavit in support of the summons must, at least 14 days before the hearing of the summons, be served on the claimant and any defendant who has filed a notice of intention to contest or not contest.
(4)  On the hearing of the summons, the Registrar, if the Registrar is satisfied that the defendant in question has a bona fide claim against the claimant and sufficient prima facie grounds for the contention that the claimant is not entitled to the relief given to the claimant by the decree, must set the decree aside and give such directions as to the further proceedings in the action as appear to the Registrar to be appropriate including, in particular, a direction requiring the taking out of an application under Order 9, Rule 9.
References to Registrar (O. 33, r. 41)
41.—(1)  Any party (called in this Rule the claiming party) making a claim which is referred to the Registrar for decision must, within 2 months after the order is made, or, in a limitation action, within such other period as the Court may direct, file that party’s claim and (unless the reference is in such an action) serve a copy of the claim on every other party.
(2)  At any time —
(a)after the claiming party’s claim has been filed; or
(b)where the reference is in a limitation action, after the expiration of the time limited by the Court for the filing of claims,
but, in any case, at least 28 days before the day appointed for the hearing of the reference, any party to the cause or matter may apply to the Registrar under Order 9, Rule 9 as to the proceedings on the reference, and the Registrar must give such directions (if any) as the Registrar thinks fit including (without limiting the foregoing words) a direction requiring any party to serve on any claimant, within such period as the Registrar may specify, a defence to that claimant’s claim.
(3)  The reference must be heard on a day appointed by the Registrar and, unless the reference is in a limitation action or the parties to the reference consent to the appointment of a particular day, the appointment must be made by order on an application by summons made by any party to the cause or matter.
(4)  An appointment for the hearing of a reference must not be made until after the claiming party has filed the claiming party’s claim or, where the reference is in a limitation action, until after the expiration of the time limited by the Court for the filing of claims.
(5)  Not later than 14 days after an appointment for the hearing of a reference has been made, the claiming party or, where the reference is in a limitation action, the claimant must enter the reference for hearing by lodging in the Registry a Request requesting the entry of the reference in the list for hearing on the day appointed.
(6)  Not less than 14 days before the day appointed for the hearing of the reference, the claiming party must file —
(a)a list, signed by the claiming party and every other party, of the items (if any) of the claiming party’s claim which are not disputed, stating the amount (if any) which the claiming party and the other parties agree should be allowed in respect of each such item; and
(b)such affidavits or other documentary evidence as is required to support the items of the claiming party’s claim which are disputed,
and, unless the reference is in a limitation action, the claiming party must at the same time serve on every other party a copy of every document filed under this paragraph.
(7)  If the claiming party fails to comply with paragraph (1) or (6)(b), the Court may, on the application of any other party to the cause or matter, dismiss the claim.
Hearing of reference (O. 33, r. 42)
42.—(1)  The Registrar may adjourn the hearing of a reference from time to time as the Registrar thinks fit.
(2)  At or before the hearing of a reference, the Registrar may give a direction limiting the witnesses who may be called, whether expert witnesses or not, but any such direction may, on sufficient cause being shown, be revoked or varied by a subsequent direction given at or before the hearing.
(3)  Subject to paragraph (2), evidence may be given orally or by affidavit or in such other manner as may be agreed upon, and the evidence must be recorded under Order 15, Rule 11(5), (6) and (7).
(4)  When the hearing of the reference has been concluded, the Registrar must —
(a)reduce to writing the Registrar’s decision on the question arising in the reference (including any order as to costs) and cause it to be filed;
(b)cause to be filed either with the Registrar’s decision or subsequently such statement (if any) of the grounds of the decision as the Registrar thinks fit; and
(c)send to the parties to the reference notice that the Registrar has done so.
(5)  Where no statement of the grounds of the Registrar’s decision is filed with the Registrar’s decision and no intimation has been given by the Registrar that the Registrar intends to file such a statement later, any party to the reference may, within 14 days after the filing of the decision, make a written request to the Registrar to file such a statement.
Objection to decision on reference (O. 33, r. 43)
43.—(1)  Any party to a reference to the Registrar may, by summons, apply to a Judge to set aside or vary the decision of the Registrar on the reference, but the summons, specifying the points of objection to the decision, must be filed —
(a)within 14 days after the date on which notice of the filing of the decision was sent to that party under Rule 42(4); or
(b)if a notice of the filing of a statement of the grounds of the decision was subsequently sent to that party under Rule 42(4), within 14 days after the date on which that notice was sent.
(2)  The decision of the Registrar is deemed to be given on the date on which the decision is filed, but unless the Registrar or the Judge otherwise directs, the decision must not be acted upon until the time has elapsed for filing the summons referred to in paragraph (1).
(3)  A direction must not be given under paragraph (2) without the parties being given an opportunity of being heard, but may, if the Registrar announces the Registrar’s intended decision at the conclusion of the hearing of the reference, be incorporated in the Registrar’s decision as reduced to writing under Rule 42(4).
Inspection of documents filed in Registry (O. 33, r. 44)
44.  Order 26, Rule 3 applies in relation to documents filed in the Registry.
Saving for defence under Merchant Shipping Act (O. 33, r. 45)
45.  Nothing in Rules 35, 36, 37, 38, 39 and 40 is to be taken as limiting the right of any shipowner or other person to rely by way of defence on any provision of the Merchant Shipping Act which limits the amount of liability in connection with a ship or other property.
Production of certain documents in marine insurance actions (O. 33, r. 46)
46.—(1)  Where, in any action relating to a marine insurance policy, an application for production of documents is made by the insurer under Order 11, Rule 2, then, without affecting its powers under that Rule, the Court may, if satisfied that the circumstances of the case are such that it is necessary or expedient to do so, make an order, either in Form 33 or in such other form as the Court thinks fit, for the production of such documents as are therein specified or described.
(2)  An order under this Rule may be made on such terms, if any, as to staying proceedings in the action or otherwise, as the Court thinks fit.
Singapore Statutes Online
© 2024 Attorney-General's Chambers of Singapore,
Last updated 22 Jul 2024
Singapore Statutes Online is provided by the Legislation Division of the Attorney-General's Chambers of Singapore.