County Court (Chapter I Amendment No. 16) Rules
2005
S.R. No. 107/2005
TABLE OF PROVISIONS
Rule
1.
2.
3.
4.
Page
Object
Authorising provisions
Commencement
Substitution of Orders approving compromise (Forms 15A
and 15B)
1
1
1
Form 15A—Order Approving Compromise of Claim oF Minor
2
Form 15B—Order Approving Compromise of Claim under
Part III of Wrongs Act for Benefit of Minor
4
1
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ENDNOTES
7
i
STATUTORY RULES 2005
S.R. No. 107/2005
County Court Act 1958
County Court (Chapter I Amendment No. 16) Rules
2005
A majority of the Judges of the County Court makes the
following Rules:
1. Object
The object of these Rules is to revise the forms of
orders for approval of the compromise of claims
made by and on behalf of a person under a
disability.
2. Authorising provisions
These Rules are made under section 78 of the
County Court Act 1958 and all other enabling
powers.
3. Commencement
These Rules come into operation on 1 October
2005.
4. Substitution of Orders approving compromise
(Forms 15A and 15B)
For Forms 15A and 15B of the County Court
Rules of Procedure in Civil Proceedings 19991
substitute—
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County Court (Chapter I Amendment No. 16) Rules 2005
r. 4
S.R. No. 107/2005
"RULE 15.08(6)
FORM 15A
ORDER APPROVING COMPROMISE OF CLAIM OF MINOR
[heading as in originating process]
[other particulars as in Form 60C]
JUDGE [or MASTER]:
DATE MADE:
ORIGINATING PROCESS:
HOW OBTAINED:
ATTENDANCE:
OTHER MATTERS:
1.
The plaintiff was born on [date].
2.
By a compromise entered into on [date] the defendant proposes to
pay and the plaintiff desires to accept [amount] for the benefit of
the plaintiff together with the plaintiff's costs, including the cost of
this application, in full settlement of the plaintiff's claim in the
proceeding.
3.
The Court read the following material:
(a)
affidavit of [name of deponent] *sworn/*affirmed on [date];
(b) affidavit of [name of deponent] *sworn/*affirmed on [date];
(c)
the exhibits to the affidavits including the opinion of
[name] of Counsel dated [date].
4.
The defendant consents to the proposed compromise.
5.
The Court is not aware of any legal disability of the plaintiff save
for *his/*her minority and if the funds were to be paid out in
accordance with an order of the Court the funds would be paid out
upon the plaintiff attaining the age of 18 years.
or, if the plaintiff is under a legal disability other than or in
addition to minority—
*5. [Name of plaintiff] is a person under a legal disability, and if the
funds were to be held by the Court, the funds would not be paid
out without further order of the Court.
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County Court (Chapter I Amendment No. 16) Rules 2005
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S.R. No. 107/2005
*6. (If there has been a delay of more than 30 days in application for
approval of the compromise) Although the compromise was
entered into on [date], no application for approval of the
compromise was made to the Court until [insert details of any
explanation for delay].
THE COURT ORDERS THAT:
1.
The compromise be approved.
2.
The defendant within [number of days] days after service of a copy
of this order:
(a)
pay [amount] to the Senior Master of the Supreme Court to
be held in that Court on behalf of the plaintiff;
(and, if appropriate)
*(b) pay [amount] to the solicitors for the plaintiff, to be
disbursed or retained by them in payment of the items
totalling [amount] referred to in the affidavit of [name]
sworn/*affirmed on [date].
3.
The defendant pay the plaintiff the costs of the plaintiff, including
the costs of this application to be taxed on Scale [appropriate
Scale].
4.
Upon payment by the defendant of the amount and costs referred
to, the proceeding is forever stayed.
5.
Each party have liberty to apply.
6.
A copy of the affidavits and the exhibits to the affidavits be sent to
the solicitor to the Senior Master and the original exhibits be
retained on the Court file.
DATE AUTHENTICATED
Judge [or Master]
*[Strike out as appropriate]
__________________
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County Court (Chapter I Amendment No. 16) Rules 2005
r. 4
S.R. No. 107/2005
FORM 15B
ORDER APPROVING COMPROMISE OF CLAIM UNDER PART III
OF WRONGS ACT FOR BENEFIT OF MINOR
[heading as in originating process]
[other particulars as in Form 60C]
JUDGE [or MASTER]:
DATE MADE:
ORIGINATING PROCESS:
HOW OBTAINED:
ATTENDANCE:
OTHER MATTERS:
1.
The names and dates of birth of the minors on whose behalf the
proceeding is brought are:
[name] [date of birth].
[name] [date of birth].
2.
By a compromise entered into on [date] the defendant proposes to
pay and the plaintiff desires to accept [amount] for the benefit of
the plaintiff and [amount] and [amount], respectively, for the
minors referred to above, together with the plaintiff's costs,
including the cost of this application, in full settlement of the
plaintiff's claim in the proceeding.
3.
The Court read the following material:
(a)
affidavit of [name of deponent] *sworn/*affirmed on [date];
(b) affidavit of [name of deponent] *sworn/*affirmed on [date];
(c)
the exhibits to the affidavits including the opinion of
[name] of Counsel dated [date].
4.
The defendant consents to the proposed compromise.
5.
The Court is not aware of any legal disability of the minors
referred to above save for their minority and if the funds were to
be paid out in accordance with an order of the Court the funds
would be paid out upon the minors respectively attaining the age
of 18 years.
or, if a minor is under a legal disability other than or in
addition to minority—
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County Court (Chapter I Amendment No. 16) Rules 2005
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S.R. No. 107/2005
*5. [Name of minor] is under a legal disability and, if the funds were
to be held by the Court, the funds would not be paid without
further order of the Court.
*6. (If there has been a delay of more than 30 days in application for
approval of the compromise) Although the compromise was
entered into on [date], no application for approval of the
compromise was made to the Court until [insert details of any
explanation for delay].
THE COURT ORDERS THAT:
1.
The compromise be approved.
2.
The defendant within [number of days] days after service of a copy
of this order:
(a)
pay [amount] to the Senior Master of the Supreme Court to
be held in that Court on behalf of the plaintiff and [amount]
for the benefit of [name] and [amount] for the benefit of
[name].
(and, if appropriate)
*(b) pay [amount] to the solicitors for the plaintiff, to be
disbursed or retained by them in payment of the items
totalling [amount] referred to in the affidavit of [name]
sworn/*affirmed on [date].
3.
The defendant pay the plaintiff the costs of the plaintiff, including
the costs of this application to be taxed on Scale [appropriate
Scale].
4.
Upon payment by the defendant of the amount and costs referred
to, the proceeding is forever stayed.
5.
Each party have liberty to apply.
6.
A copy of the affidavits and the exhibits to the affidavits be sent to
the solicitor to the Senior Master and the original exhibits be
retained on the Court file.
DATE AUTHENTICATED
Judge [or Master]
*[Strike out as appropriate]
__________________".
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County Court (Chapter I Amendment No. 16) Rules 2005
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S.R. No. 107/2005
Dated: 15 September 2005
MICHAEL ROZENES, Chief Judge J. NICHOLSON
L. S. OSTROWSKI
J. A. SMALLWOOD
J. T. DUGGAN
M. E. SEXTON
M. HIGGINS
I. E. LAWSON
J. H. BARNETT
G. GULLACI
E. H. CURTAIN
E. M. GAYNOR
M. G. McINERNEY
K. R. HOWIE
T. G. WODAK
W. A. WILMOTH
WILLIAM R. WHITE
G. T. CHETTLE
A. P. DUCKETT
F. MILLANE
J. M. PANNAM
S. S. DAVIS
G. R. ANDERSON
F. P. HAMPEL
LANSELL PILGRIM
J. G. MORRISH
JOHN BOWMAN
J. P. LECKIE
R. LEWITAN
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County Court (Chapter I Amendment No. 16) Rules 2005
S.R. No. 107/2005
ENDNOTES
1
Rule 4: S.R. No. 20/1999. Reprint No. 2 as at 13 March 2003. Reprinted to
S.R. No. 127/2002. Subsequently amended by S.R. Nos 109/2003,
138/2003, 72/2004, 180/2004 and 181/2004.
7
Endnotes