Untitled document

Magistrates' Court Civil Procedure (Amendment No. 22) Rules 2008

S.R. No. 43/2008

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Insertion of new Part in Order 10

PART 4—DISMISSAL OF CERTAIN PROCEEDINGS

10.20Dismissal of complaints

10.21Dismissal of certain adjourned proceedings

10.22Reinstatement

6Amendment to Rule 27.12.1—Examination of judgment debtor

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ENDNOTES

STATUTORY RULES 2008

S.R. No. 43/2008

Magistrates' Court Act 1989

Magistrates' Court Civil Procedure (Amendment No. 22) Rules 2008

The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules:

1Object

The object of these Rules is to amend the Magistrates' Court Civil Procedure Rules 1999—

(a)to provide power to alter the day named in any summons under Rule 27.12.1; and

(b)to provide for dismissal and reinstatement of certain proceedings.

2Authorising provisions

These Rules are made under section 16 of the Magistrates' Court Act 1989 and all other enabling powers.

3Commencement

(1)These Rules, other than Rule 5, come into operation on 26 May 2008.

(2)Rule 5 comes into operation on 1 August 2008.

4Principal Rules

In these Rules the Magistrates' Court Civil Procedure Rules 1999[1] are called the Principal Rules.

5Insertion of new Part in Order 10

After Part 3 of Order 10 of the Principal Rules insert—

"PART 4—DISMISSAL OF CERTAIN PROCEEDINGS

10.20Dismissal of complaints

(1)A complaint stands dismissed as against any defendant at the expiration of three months after the period of the validity for service of the complaint, or, if that period has been extended, after the expiration of any extension of the period, if, at the time of expiration, that defendant has not filed a notice of defence and an order in default of defence has not been made against that defendant.

(2)The Court may from time to time, by order, extend the period of three months referred to in subrule (1) for a period of not more than six months after the day of the order.

(3)If an order is made under subrule (2), the period of three months in subrule (1) is to be taken to be substituted by the extended period ordered by the Court.

10.21Dismissal of certain adjourned proceedings

A complaint, counterclaim or third party procedure that is adjourned to a day to be fixed (however expressed) stands dismissed at the expiration of six years after the adjournment of the complaint, counterclaim or third party procedure.

10.22Reinstatement

(1)The Court may reinstate any complaint that stands dismissed by operation of Rule 10.20.

(2)The Court may reinstate any—

(a)complaint; or

(b)counterclaim; or

(c)third party procedure—

that stands dismissed by operation of Rule 10.21.".

6Amendment to Rule 27.12.1—Examination of judgment debtor

(1)In Rule 27.12.1(2A) of the Principal Rules, for "fixed" substitute "named".

(2)After Rule 27.12.1(9) of the Principal Rules insert—

"(10)Where a summons under this Rule has not been served, the registrar may, on application of the judgment creditor—

(a)in the case of a summons under subrule (1), alter, to a later day, the day named in the summons for the examination of the judgment debtor; or

(b)in the case of a summons under subrule (4), alter, to a later day, the day named in the summons for the person to give evidence or produce documents, or to give evidence and produce documents.

(11)Despite subrule (10), the registrar must not—

(a)alter, to a later day, a day named in a summons under this Rule more than once unless the registrar is satisfied that reasonable efforts have been made to serve the summons; or

(b)alter a day named in a summons under this Rule when the summons has ceased to be valid under Rule 4.05.".

Dated:    21 May 2008

IAN GRAY,
Chief Magistrate

PETER LAURITSEN,
Deputy Chief Magistrate

JELENA POPOVIC,
Deputy Chief Magistrate

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ENDNOTES

[1] Rule 4: S.R. No. 58/1999.  Reprint No. 3 as at 1 March 2005.  Reprinted to S.R. No. 5/2005.  Subsequently amended by S.R. Nos 15/2005, 165/2005, 87/2006, 164/2006, 170/2006, 178/2006, 103/2007, 119/2007 and 142/2007.