PRACTICE DIRECTION - 14.2

PROCEEDINGS BEFORE MASTERS

A     Interlocutory Applications

1.    Unless otherwise required by the Rules of the High Court or any other enactment, all interlocutory applications should be made by summons to a Master.  Practice Direction 5.4 shall apply to such summonses.

B     Matters to be Set Down by a Master

2.    All matters to be listed for disposal, and where a special list does not already exist, are to be brought first on the Chambers List or to the Practice Master, for directions on the mode of disposal and an estimate to be fixed for the length of hearing (if one is ordered) and for any other necessary directions.  The Chief Judicial Clerk, High Court Registry will then list the matter only in accordance with the directions and estimate given by the Master.

C     Originating Summons to be Heard by a Master

3.    The following matters commenced by originating summons shall be placed in the first instance before a Master in chambers (open to public) notwithstanding Order 28, rule 3A:

(1)   an application for summary determination of an interpleader summons under Order 17, rule 5;

(2)   an application for entry of default judgment under Order 83A;

(3)   an application for entry of default judgment under Order 84A;

(4)   an application for entry of default judgment under Order 88;

(5)   an application for an order for costs to be taxed or assessed under Order 62, rule 11A;

(6)   an application for solicitor-client costs to be taxed under Order 106, rule 2; and

(7)   an application for summary possession of land under Order 113, rule 1.

4.    A Master may, if he considers it appropriate to do so and upon being satisfied that the defendant has been served with the originating summons, summarily dispose of the originating summons referred to in paragraph 3.

5.    Other originating summonses may be placed before a Master in the first instance for directions provided they do not involve the following matters:

(1)   interest in or related to land;

(2)   mental health applications;

(3)   trusts and trustees;

(4)   elections;

(5)   declaratory reliefs; and

(6)   pre-action discovery.

D     Hearings Before a Master in Open Court

6.    The following matters, heard by a Master, shall be in open court:

(1) trials pursuant to Order 14, rule 6(2);

(2) trials pursuant to Order 17, rule 11;

(3) trials pursuant to Order 36, rule 1;

(4)   assessments of damages pursuant to Order 37, rule 1;

(5) examinations under Orders 48 and 49B; and

(6)  the making of an order for imprisonment of a judgment debtor under Order 49B, rule 1B(1).

7.    The matters referred to in paragraph 6 are in addition to:

(1) unopposed bankruptcy petitions referred to in section 99(3) of the Bankruptcy Ordinance (Cap. 6);

(2) unopposed winding-up petitions referred to in section 180A of the Companies Ordinance (Cap. 32);

(3)   objections to discharge pursuant to section 30A of the Bankruptcy Ordinance (Cap. 6);

(4)   applications for an interim order for voluntary arrangements pursuant to section 20 of the Bankruptcy Ordinance (Cap. 6);

(5)   applications for annulment of a bankruptcy order pursuant to section 33 of the Bankruptcy Ordinance (Cap. 6);

(6)   other applications as may be prescribed by PD 3.1 in relation to bankruptcy matters; and

(7)   applications for disqualification of directors under Part IV A of the Companies Ordinance (Cap. 32) other than an application made in the course of a proceeding for the prosecution of an offence.

8.    A solicitor shall have right of audience before a Master on any of the matters referred to in paragraphs 6 and 7.

9.    Counsel and solicitors appearing before a Master in open court shall be appropriately robed.

E     Commencement Date

10.   This Practice Direction shall apply with suitable adaptations to the proceedings before Masters in the District Court.     

11.   This Practice Direction supersedes the previous Practice Directions 14.2 on Proceedings Before Masters dated 31 December 1998.

12.   This Practice Direction shall come effect on 2 April 2009.

Dated this 12th of February 2009.