MALAYSIA

RULES OF COURT 2012

(PU(A) 205/2012)

ORDER 70

ADMIRALTY PROCEEDINGS

1. Application and interpretation (O. 70, r. 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:

    “Sheriff’s account” means the account which is maintained pursuant to Order 90, rule 18, and includes the bank account maintained in the name of the Sheriff;

    “caveat book” means the book kept in the Registry in which caveats issued under this Order are entered;

    “ship” includes any description of vessel used in navigation;

    “caveat against release and payment” means a caveat entered in the caveat book under rule 13;

    “caveat against arrest” means a caveat entered in the caveat book under rule 5;

    “action in rem” means an Admiralty action in rem;

    “limitation action” means an action by ship owners or other persons under any written law for the limitation of the amount of their liability in connection with a ship or other property.

(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.

2. Issue of writ and entry of appearance (O. 70, r. 2)

(1) An action in rem shall be begun by writ and the writ shall be in Form 146.

(1A) The writ by which an Admiralty action in personam is begun must be in Form 2 and the words “admiralty action in personam” must be inserted above the space for the number of the writ.

(1B) A party intending to commence proceedings in rem and in personam must issue separate writs.

(2) Order 12 shall apply in relation to such an action.

(3) The plaintiff in an action in rem may be named or may be described, but if not named in the writ shall identify himself by name if requested to do so by any other party.

(4) Where the defendants are described and not named on the writ, any memorandum of appearance in addition to stating that description shall also state the full names of the persons entering appearance and the nature of their ownership.

(5) A defendant who files a memorandum of appearance to an action in rem does not lose any right he may have to dispute the jurisdiction of the court.

2A. Proceedings against, or concerning, the International Oil Pollution Compensation Fund (O. 70, r. 2A)

(1) For the purposes of subsection 23(3) of the Merchant Shipping (Oil Pollution) Act 1994, any party to proceedings brought against an owner or a guarantor in respect of liability under section 3 of that Act may give notice to the Fund of such proceedings by serving a notice in writing on the Fund together with a copy of the writ and copies of the pleadings (if any) served in the action.

(2) The court shall, on the application made ex parte by the Fund, grant leave to the Fund to intervene in any proceedings to which the preceding paragraph applies, whether notice of such proceedings has been served on the Fund or not, and paragraphs (3) and (4) of rule 16 shall apply to such an application.

(3) Where judgment is given against the Fund in any proceedings under section 19 of the Merchant Shipping (Oil Pollution) Act 1994, the Registrar shall cause a stamped copy of the judgment to be sent by post to the Fund.

(4) The Fund shall notify the Registrar of the matters set out in section 19(8)(b) of the Merchant Shipping (Oil Pollution) Act 1994 by a notice in writing, sent by post to, or delivered at, the Registry.

(5) In this rule “Fund” has the same meaning as in section 15 of the Merchant Shipping (Oil Pollution) Act 1994.

3. Service out of jurisdiction of notice of writ (O. 70, r. 3)

(1) Subject to the following provisions of this rule, service out of the jurisdiction of a notice of a writ, containing any such claim as is mentioned in Order 11, rule 1(1)(a), (b) and (c), every limitation action and every action to enforce a claim under the Merchant Shipping (Oil Pollution) Act 1994 is permissible with the leave of the court if:

    (a) the defendant has his habitual residence or a place of business in Malaysia;

    (b) the cause of action arose within the territorial waters of Malaysia;

    (c) an action arising out of the same incident or series of incidents is proceeding in the High court or has been heard and determined in the High court; or

    (d) the defendant has submitted or agreed to submit to the jurisdiction of the High court.

(2) Order 11, rules 4 to 6 shall apply to service out of jurisdiction under this rule.

(3) Paragraph (1) shall not apply to an action in rem.

4. Warrant of arrest (O. 70, r. 4)

(1) In an action in rem the plaintiff or defendant, as the case may be, may after the issue of the writ in the action and subject to the provisions of this rule, issue a warrant in Form 147 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, the party intending to issue it shall procure a search to be made in the caveat book for the purpose of ascertaining whether there is a caveat against arrest in force with respect to that property.

(3) A warrant of arrest shall not be issued until the party intending to issue the same has filed a praecipe in Form 148 requesting issue of the warrant together with an affidavit made by him or his agent containing the particulars required by paragraphs (6), (7) and (8); however, the court may, if it thinks fit, give leave to issue the warrant notwithstanding that the affidavit does not contain all those particulars.

(4) Except with leave of the court, a warrant of arrest shall not be issued in an action in rem against a foreign ship belonging to a port of a State having a consulate in Malaysia, 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) Except with leave of the court, a warrant of arrest shall not be issued in an action in rem in which there is a claim arising out of bottomry until the bottomry bond and, if the bond is in a foreign language, a notarial translation thereof is produced to the Registrar.

(6) Every affidavit shall 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;

    (c) the nature of the property to be arrested and, if the property is a ship, the name of the ship and the port to which she belongs; and

    (d) the amount of security sought, if any.

(7) Every affidavit in an action in rem brought against a ship shall state:

    (a) whether the ship against which the action is brought is the ship in connection with which the claim in the action arose;

    (b) that in the belief of the deponent the person who would be liable on the claim in an action in personam was, when the cause of action arose, the owner or charterer, or in possession or control, of the ship in connection with which the claim arose and was also, at the time of the issue of the writ, either the beneficial owner of all the shares in the ship against which the action is brought or the charterer of the ship under a charter by demise; and

    (c) the grounds of the deponent’s belief.

(7A) In the case of a claim in respect of a liability incurred under section 3 of the Merchant Shipping (Oil Pollution) Act 1994, every affidavit in an action in rem against a ship shall state the facts relied on as establishing that the court is not prevented from entertaining the action by reason of section 23(2) of that Act.

(8) Every affidavit in an action in rem for possession of a ship or for wages shall state the nationality of the ship against which the action is brought and that the notice, if any, required by paragraph (4) has been sent. A copy of any such notice shall be annexed to the affidavit.

(9) An affidavit in such an action as is referred to in paragraph (5) shall have annexed thereto a certified copy of the bottomry bond, or of the translation thereof.

(10) Issue of a warrant of arrest takes place upon its being sealed by an officer of the Registry.

(11) A warrant of arrest may not be issued as of right in the case of property whose beneficial ownership has, since the issue of the writ, changed as a result of a sale or disposal by any court exercising Admiralty jurisdiction.

5. Caveat against arrest (O. 70, r. 5)

(1) A person who desires to prevent the arrest of any property shall file in the Registry a praecipe, in Form 149, signed by him or his solicitor undertaking:

    (a) to enter an appearance in any action that may be begun against the property described in the praecipe; and

    (b) within three 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 praecipe or to pay the amount so specified into court,

and on the filing of the praecipe a caveat against the issue of a warrant to arrest the property described in the praecipe shall be entered in the caveat book.

(2) The fact that there is a caveat against arrest in force shall not prevent the issue of a warrant to arrest the property to which the caveat relates.

6. Remedy where property protected by caveat is arrested without good and sufficient reason (O. 70, r. 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 notice of application 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 the applicant damages in respect of the loss suffered by the applicant as a result of the arrest.

7. Service of writ in action in rem (O. 70, r. 7)

(1) Subject to paragraph (2), a writ by which an action in rem is begun shall be served on the property against which the action is brought except:

    (a) where the property is freight, in which case it shall 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 and the proceeds of sale paid into court, in which case it shall be served on the Registrar.

(2) A writ need not be served on the property or Registrar mentioned in paragraph (1) if the writ is deemed to have been duly served on the defendant in accordance with Order 10, rule 1(2) or (3).

(3) Where in accordance with this rule a writ is required to be served on any property, the plaintiff shall leave the writ and a copy thereof at the Registry and file therein a praecipe in Form 150 and where he does so the Sheriff or his officer shall serve the writ on the property described in the praecipe. The expenses incurred by the Sheriff or his officer in effecting service shall be paid to the Sheriff on demand by him.

(4) Where the plaintiff in an action in rem, or his solicitor, becomes aware that there is in force a caveat against arrest with respect to the property against which the action is brought, he shall serve the writ forthwith on the person at whose instance the caveat was entered.

(5) Where a writ by which an action in rem is begun is amended under Order 20, rule 1, after service thereof, Order 20, rule 1(2) shall not apply and, unless the court otherwise directs on an application made ex parte, the amended writ shall be served on any intervener and any defendant who has entered an appearance in the action or, if no defendant has entered an appearance therein, on the property or Registrar mentioned in paragraph (1).

(6) Where a writ is served on any property by the Sheriff or his officer, the person effecting service shall endorse on the writ 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 shall be evidence of the facts stated therein.

8. Committal of solicitor failing to comply with undertaking (O. 70, r. 8)

Where the solicitor of a party to an action in rem fails to comply with a written undertaking by him to any other party or his solicitor to enter an appearance in the action, give bail or pay money into court in lieu of bail, he shall be liable to committal.

9. Execution of warrant of arrest (O. 70, r. 9)

(1) A warrant of arrest is valid for twelve months beginning with the date of its issue.

(2) A warrant of arrest may be executed only by the Sheriff or his officer.

(3) A warrant of arrest shall not be executed until an undertaking to pay on demand the fees of the Sheriff and all expenses incurred by him or on his behalf in respect of the arrest of the property and the care and custody of it while under arrest has been lodged in the Sheriff’s office.

(4) A warrant of arrest shall not be executed if the party at whose instance it was issued lodges a written request to that effect with the Sheriff.

(5) 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.

(6) Subject to paragraph (5), a warrant of arrest shall be served on the property against which it is issued.

(7) (There is no paragraph 7)

(8) Within seven days after the service of a warrant of arrest, the warrant shall be filed by the Sheriff.

(9) Where a writ in an action in rem has been issued and security sought, any person who has filed a memorandum of appearance may apply for an order specifying the amount and form of security to be provided.

(10) Paragraphs 11 and 12 apply if, in an action in rem, security has been given to:

    (a) obtain the release of property under arrest; or

    (b) prevent the arrest of property.

(11) The court may order that:

    (a) the amount of security be reduced and may stay the claim until the order is complied with; or

    (b) the plaintiff or defendant, as the case may be, may arrest or re-arrest the property proceeded against to obtain further security.

(12) The court may not make an order under subparagraph (11)(b) if the total security to be provided would exceed the value of the property at the time:

    (a) of the original arrest; or

    (b) security was first given (if the property was not arrested).

10. Service on ships: How effected (O. 70, r. 10)

(1) Subject to paragraph (2), service of a warrant of arrest or writ in an action in rem against a ship, freight or cargo shall be effected by:

    (a) affixing the warrant or writ 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 writ, leaving a copy of it affixed (in the case of the warrant) in its place or (in the case of the writ) on a sheltered, conspicuous part of the ship.

(1A) Notwithstanding paragraph (1) above, the court or Registrar may, in exceptional circumstances, direct that the service of the writ in an action in rem or a warrant of arrest be effected by affixing the writ or warrant on the outside of any suitable part of the ship’s hull or superstructure and followed immediately thereafter with an electronic communication of a copy thereof by or on behalf of the Sheriff as notice to the owners and/or demise charterers of the ship, the ship’s master or managers or local agent, and the relevant marine department, by e-mail or other means.

[(1A) Ins. PU(A) 351/2020:R12]

(2) Service of a warrant of arrest or writ in an action in rem against freight or cargo or both shall, if the cargo has been landed or transhipped, be effected:

    (a) by placing the warrant or writ for a short time on the cargo and, on removing the warrant or writ, 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 writ with that person.

(3) A writ in an action in rem or warrant of arrest may be served on any day.

11. Applications with respect to property under arrest (O. 70, r. 11)

(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, shall give notice of the application to all of the parties to every action against the property and all persons who have entered a caveat which is still in force.

(2) The Sheriff shall 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 and to all persons who have entered a caveat, which is still in force.

(3) A person other than the Sheriff may make an application under this rule by notice of application in the action in which the property is under arrest and the notice of application together with copies of any affidavits in support shall be served upon the Sheriff and all parties to every action against the property and all persons who have entered a caveat which is still in force unless the court otherwise orders on an application made ex parte.

12. Release of property under arrest (O. 70, r. 12)

(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 shall only be released under the authority of an instrument of release (which is referred to as a “release” in this rule) in Form 151, issued out of the Registry.

(2) A party at whose instance any property was arrested may, before an appearance is entered in the action, file a notice withdrawing the warrant of arrest and, if he does so, a release shall, subject to paragraphs (3) and (5), be issued with respect to that property.

(3) Unless the court otherwise orders, a release shall not be issued with respect to property as to which a caveat against release is in force.

(4) A release may be issued at the instance of a party interested in the property under arrest if the court so orders, or, subject to paragraph (3), if all the other parties to the action in which the warrant of arrest was issued consent.

(5) Before a release is issued the party entitled to its issue shall:

    (a) if there is a caveat against release in force as to the property in question, give notice to the party at whose instance it was entered or his solicitor requiring the caveat to be withdrawn; and

    (b) file a praecipe in Form 152 requesting issue of a release.

(6) Before property under arrest is released in compliance with a release issued under this rule, the party at whose instance it was issued shall, in accordance with the directions of the Sheriff, either pay the costs, charges and expenses due in connection with the care and custody of the property while under arrest or give a written undertaking to do so.

(7) The court, on the application of any party who objects to directions given to him by the Sheriff under paragraph (6), may vary or revoke the directions.

(8) Where a ship:

    (a) is not under arrest, but the cargo on board her is; or

    (b) is under arrest, but the cargo on board her is not,

and persons interested in the ship or cargo wish to discharge the cargo, they may, without being made parties, request the Sheriff to authorize steps to discharge the cargo.

(9) If:

    (a) the Sheriff considers the request under paragraph (8) reasonable; and

    (b) the applicant gives an undertaking in writing acceptable to the Sheriff to pay:

        (i) his fees; and

        (ii) all expenses to be incurred by him or on his behalf on demand,

the Sheriff may apply to the court for an order to permit the discharge of the cargo.

(10) Where persons who are interested in the ship or cargo are unable or unwilling to give an undertaking as referred to in subparagraph (9)(b), they may:

    (a) intervene to be made parties to the action; and

    (b) apply to the court for an order for:

        (i) discharge of the cargo; and

        (ii) directions as to the fees and expenses of the Sheriff with regard to the discharge and storage of the cargo.

(11) Where the court stays or dismisses an action in rem on the ground that the dispute in question should be submitted to the determination of the courts outside Malaysia under Order 12, rule 10, the court may, if in those proceedings property has been arrested or bail or other security has been given to prevent or obtain release from arrest:

    (a) order that the property arrested be retained as security for the satisfaction of any judgment which:

        (i) is given in respect of the dispute in the legal proceedings in favour of which those proceedings are stayed or dismissed; and

        (ii) is enforceable in Malaysia; or

    (b) order that the stay or dismissal of those proceedings be conditional on the provision of equivalent security for the satisfaction of any such judgment.

(12) Where the court makes an order under paragraph (11), it may attach such conditions to the order as it thinks fit, in particular conditions with respect to the institution or prosecution of the relevant legal proceedings.

(13) The same law and practice shall apply in relation to property retained in pursuance of an order made by court under paragraph (11) as would apply if it were held for the purposes of proceedings in that court.

13. Caveat against release and payment (O. 70, r. 13)

(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 shall file in the Registry a praecipe in Form 153, and on filing of the praecipe a caveat against the issue of a release with respect to that property and the payment out of court of that money shall be entered in the caveat book.

(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 notice of application 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 it is satisfied that the person procuring the entry of the caveat had a good and sufficient reason for so doing, may make an order accordingly.

14. Duration of caveats (O. 70, r. 14)

(1) Every caveat entered in the caveat book is valid for six months beginning with the date of its entry but the person at whose instance a caveat was entered may withdraw it by filing a praecipe in Form 154.

(2) The period of validity of a caveat may not be extended but this provision shall not be taken as preventing the entry of successive caveats.

15. Bail (O. 70, r. 15)

(1) Bail on behalf of a party to an action in rem shall be given by bond in Form 155 and the sureties to the bond shall 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 shall make an affidavit stating that he 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, an affidavit shall not be made under paragraph (2) on behalf of the corporation unless the opposite party requires it, but where such an affidavit is required it shall be made by a director, manager, secretary or other similar officer of the corporation.

(4) The party on whose behalf bail is given shall serve on the opposite party a notice of bail containing the names and addresses of the persons who have given bail on his behalf and of the Commissioner or Registrar before whom the bail bond was entered into; and after the expiration of twenty-four hours from the service of the notice, (or sooner with the consent of the opposite party) he may file the bond and shall 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 shall be exhibited.

16. Interveners (O. 70, r. 16)

(1) Where the 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 leave of the court, intervene in the action.

(2) An application for the grant of leave under this rule shall be made ex parte by notice of application 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 leave is granted to intervene in an action shall thereupon become a party to the action and shall enter an appearance therein in the Registry within the period specified in the order granting leave; and Order 12, rules 1 to 4 shall, with the necessary modifications, apply in relation to the entry of appearance by an intervener as if he were a defendant named in the writ.

(4) The court may order that a person to whom it grants leave to intervene in an action shall, 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.

17. Preliminary acts (O. 70, r. 17)

(1) In an action to enforce a claim for damage, loss of life or personal injury arising out of a collision between ships, unless the court otherwise orders, the plaintiff shall, within two months after service of the writ on the defendant, and the defendant shall, within two months after entering an appearance in the action, and before any pleading is served lodge in the Registry a document (which is referred to as a “preliminary act” in these rules) containing a statement of the following particulars:

    (a) the names of the ships which came into collision and their ports of registry;

    (aa) 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;

    (b) the date and time of the collision;

    (c) the place of the collision;

    (d) the direction and force of the wind;

    (e) the state of the weather;

    (f) the state, the direction and force of the tidal or other current;

    (g) 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;

    (h) the lights or shapes, if any, carried by the ship;

    (i) the distance and bearing of the other ship if and when her echo was first observed by radar;

    (j) the distance, bearing and approximate heading of the other ship when first seen;

    (k) what light or shape or combination of lights or shapes, if any, of the other ship was first seen;

    (l) what other lights or shapes or combination of lights or shapes, if any, of the other ship were subsequently seen before the collision, and when;

    (m) what alterations, if any, were made to the course and speed of the ship after the earlier of the two times referred to in subparagraph (g) 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;

    (n) the heading of the ship, the parts of each ship which first came into contact and the approximate angle between the two ships at the moment of contact;

    (o) what sound signals, if any, were given, and when; and

    (p) what sound signals, if any, were heard from the other ship, and when.

(2) Every preliminary act shall before filing be sealed by the Registrar and shall be filed in a closed envelope (stamped with an official stamp showing the date of filing) and, unless the court otherwise orders, no envelope shall be opened until the pleadings are closed and a consent signed by each of the parties or his solicitor to the opening of the preliminary acts is filed with the Registrar.

(3) Where the court orders the preliminary acts to be opened, the court may further order the action to be tried without pleadings but, where the court orders the action to be so tried, any party who intends to rely on the defence of compulsory pilotage shall give notice of his intention to do so to the other parties within seven days after the opening of the preliminary acts.

(4) Where the court orders the action to be tried without pleadings, it may also order each party, within such period as may be specified in the order, to file a statement of the grounds on which he charges any other party with negligence in connection with the collision and to serve a copy thereof on that other party.

(5) Order 18, rule 1, shall not apply to an action in which preliminary acts are required but, unless the court orders the action to be tried without pleadings, the plaintiff shall serve a statement of claim on each defendant within fourteen days after the latest date on which the preliminary act of any party to the action is filed.

(6) A plaintiff shall serve a notice of filing his preliminary act on every defendant who has entered an appearance within three days of the service of the memorandum of appearance or upon filing his preliminary act, whichever is the later. A defendant shall, upon filing his preliminary act, serve notice that he has done so on the plaintiff and on every other defendant who has entered an appearance.

18. Failure to lodge preliminary act: Proceedings against party in default (O. 70, r. 18)

(1) Where in such an action as is referred to in rule 17(1) the plaintiff fails to lodge a preliminary act within the prescribed period, any defendant who has lodged such an act may apply to the court by notice of application 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 it thinks just.

(2) Where in such an action, being an action in personam, a defendant fails to lodge a preliminary act within the prescribed period, Order 19, rules 2 and 3, shall apply as if the defendant’s failure to lodge the preliminary act within that period were a failure by him to serve a defence on the plaintiff within the period fixed by or under these rules for service thereof, and the plaintiff, if he has lodged a preliminary act may, subject to Order 73, rule 7, accordingly enter judgment against that defendant in accordance with the said rule 2 or rule 3, as the circumstances of the case require.

(3) Where in such an action, being an action in rem, a defendant fails to lodge a preliminary act within the prescribed period, the plaintiff, if he has lodged such an act, may apply to the court by notice of application for judgment against that defendant, and it shall not be necessary for the plaintiff to file or serve a statement of claim or an affidavit before the hearing of the notice of application.

(4) On the hearing of a notice of application under paragraph (3), the court may make such order as it 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 plaintiff provided he proves his case, it shall order the plaintiff’s preliminary act to be opened and require the plaintiff to satisfy the court that his claim is well founded. The plaintiff’s evidence may, unless the court otherwise orders, be given by affidavit without any order or direction in that behalf.

(5) Where the plaintiff in accordance with a requirement under paragraph (4) satisfies the court that his 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 it thinks just.

(6) The court may, on such terms as it thinks just, set aside any judgment entered pursuant to this rule.

(7) In this rule, references to the prescribed period shall be construed as references to the period within which in accordance with rule 17(1) or of any order of the court the plaintiff or defendant, as the context of the reference requires, is required to lodge a preliminary act.

19. Special provisions as to pleadings in collision, actions (O. 70, r. 19)

(1) Notwithstanding anything in Order 18, rule 3, the plaintiff in any such action as is referred to in Order 11, rule 1(1)(a), (b) and (c) may not serve a reply or a defence to counterclaim on the defendant except with the leave of the court.

(2) If in such an action there is a counterclaim and no defence to counterclaim by the plaintiff, then notwithstanding Order 18, rule 14(3), but without prejudice to the other provisions of that rule, there is an implied joinder of issue on the counterclaim, and the joinder of issue operates as a denial of every material allegation of fact made in the counterclaim.

20. Judgment by default (O. 70, r. 20)

(1) Where a writ is served under rule 7(4) on a party at whose instance a caveat against arrest was issued, then if:

    (a) the sum claimed in the action begun by writ does not exceed the amount specified in the undertaking given by that party or his solicitor to procure the entry of the caveat; and

    (b) that party or his solicitor does not within fourteen days after service of the writ fulfill the undertaking given by him as aforesaid,

the plaintiff 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 enter an appearance within the time limited for appearing, then, on the expiration of fourteen days after service of the writ and upon filing an affidavit proving due service of the writ, an affidavit verifying the facts on which the action is based and, if a statement of claim was not endorsed on the writ, a copy of the statement of claim, the plaintiff may apply to the court for judgment by default. Where the writ is deemed to have been duly served on the defendant by virtue of Order 10, rule 1(2), or was served on the Registrar under rule 7 of this Order, an affidavit proving due service of the writ need not be filed under this paragraph, but the writ endorsed as mentioned in rule 1(2) or endorsed by the Registrar with a statement that he accepts service of the writ shall be lodged with the affidavit verifying the facts on which the action is based.

(4) Where a defendant to an action in rem fails to serve a defence on the plaintiff, then after the expiration of the period fixed by or under these rules for service of the defence and upon filing an affidavit stating that no defence was served on him by that defendant during that period, an affidavit verifying the facts on which the action is based and, if a statement of claim was not endorsed on the writ, a copy of the statement of claim, the plaintiff may apply to the court for judgment by default.

(5) 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 (6), after the expiration of the period fixed by or under these rules for service of the defence to counterclaim and upon filing an affidavit stating that no defence to counterclaim was served on him by the first-mentioned defendant during that period, an affidavit verifying the facts on which the counterclaim is based and a copy of the counterclaim, the defendant making the counterclaim may apply to the court for judgment by default.

(6) No application may be made under paragraph (5) against the plaintiff in any such action as is referred to in Order 11, rule 1(1)(a), (b) and (c).

(7) An application to the court under this rule shall be made by notice of application and if, on the hearing of the notice of application, the court is satisfied that the applicant’s claim is well founded it 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 order as it thinks just.

(8) In default actions in rem evidence may, unless the court otherwise orders, be given by affidavit without any order or direction in that behalf.

(9) The court may, on such terms as it thinks just, set aside or vary any judgment entered in pursuance of this rule.

(10) Order 13 and Order 19 (except rule 1) shall not apply to actions in rem.

(11) Any application to the court concerning:

    (a) the sale of the property under arrest; or

    (b) the proceeds of sale of property sold by the court,

will be heard in open court and the notice of application with any affidavit in support shall be served on:

        (A) all parties to every action against the property;

        (B) all persons who have entered a caveat against release with regard to the property or the proceeds of sale; and

        (C) the Sheriff.

21. Order for sale of ship: Determination of priority of claims (O. 70, r. 21)

(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 subparagraph (2)(a); or

    (b) in any other case, after obtaining judgment,

apply to the court by notice of application 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, it may further order:

    (a) that the order of priority of the claims against the proceeds of sale of the ship shall not be determined until after the expiration of ninety 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 thereof may apply to the court in the action to which he is party to extend the period specified in the order;

    (c) that within seven days after the date of payment into court of the proceeds of sale the Sheriff shall 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 subparagraph (2)(c) shall state:

    (a) that the ship (naming her) has been sold by order of the High court in an action in rem, identifying the action;

    (b) that the gross proceeds of the sale, specifying the amount thereof, have been paid into court;

    (c) that the order of priority of the claims against the said 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 thereof, on which he intends to proceed to judgment should do so before the expiration of that period.

(4) The Sheriff shall 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 shall be included in his expenses relating to the sale of the ship.

(6) An application to the court to extend the period referred to in paragraph (2)(a) shall be made by notice of application, and a copy of the notice of application, shall, at least three days before the day fixed for the hearing thereof, be served on all persons referred to in rule 20(11).

(7) In this rule, “court” means the Judge in person.

22. Appraisement and sale of property (O. 70, r. 22)

(1) A commission for the appraisement and sale of any property under an order of the court shall not be issued until the party applying for it has filed a praecipe in Form 156.

(2) Such a commission shall, unless the court otherwise orders, be executed by the Sheriff and shall be in Form 157.

(3) A commission for appraisement and sale shall 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 shall pay into court the gross proceeds of the sale of any property sold by him under a commission for sale and shall bring into court the account relating to the sale (with vouchers in support) for taxation.

(5) On the taxation of the Sheriff’s account relating to a sale, any person interested in the proceeds of the sale shall be entitled to be heard.

(6) When:

    (a) proceeds of sale are paid into court by the Sheriff; and

    (b) such proceeds are in a foreign currency,

the funds may be placed on one day call interest bearing account unless the court orders otherwise and in all other cases, Order 90, rules 6, 7 and 18 shall apply.

(7) Unless made at the same time as an application for sale, or other prior application, an application to place foreign currency on longer term deposit may be made to the Registrar.

(8) Notice of the placement of foreign currency in an interest bearing account shall be given to all parties interested in the fund by the party who made the application under rule 7.

(9) Any interested party who wishes to object to the mode of investment of foreign currency paid into court may apply to the Registrar for directions.

22A. Undertakings as to expenses (O. 70, r. 22A)

(1) Every undertaking under this Order shall be given in writing to the satisfaction of the Sheriff.

(2) Where a party is required to give to the Sheriff an undertaking to pay any fees or expenses, the Sheriff may accept instead of an undertaking the deposit with him of such sum as he 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.

23. Payment into and out of Court (O. 70, r. 23)

(1) (There is no paragraph (1))

(2) Subject to paragraph (3), money paid into court shall 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 thereto 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 thereof paid into court, and the parties are agreed as to the persons to whom the proceeds shall 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.

24. Application for directions (O. 70, r. 24)

(1) Unless a Judge in person otherwise directs, the pre-trial case management shall be heard by a Judge in person but, subject to that, Orders 33 and 34 shall apply to Admiralty actions (other than limitation actions) as they apply to other actions.

(2) An order made on the pre-trial case management shall determine whether the trial is to be without assessors or with one or more assessors, nautical or otherwise.

(3) An order may be made on the pre-trial case management, 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 such order or direction as is referred to 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.

25. Fixing date for trial (O. 70, r. 25)

(1) The court may at any stage of an action, either on an application made by a notice of application by any party or by order made by virtue of Order 34, fix a date for the trial and vacate or alter any such date.

(2) (There is no paragraph (2))

(3) Not less than seven days before the date fixed for the trial, or such other period before that date as may be specified in general directions given by the Judge, the party by whom the action was fixed for trial shall, unless the court otherwise orders, file in the Registry:

    (a) if trial with one or more assessors has been ordered, a praecipe for his or their attendance; and

    (b) three copies or in the case of a trial with one or more assessors, four copies (if with one assessor) and five copies (if with two) of any pleadings, preliminary acts, notices given under rule 17(3) and statements filed under rule 17(4).

(4) If an action which has been fixed for trial is settled or withdrawn, it shall be the duty of all the parties to notify the Registry of the fact without delay and take such steps as may be necessary to vacate the date fixed for the trial.

(5) Order 21, rule 2(4) shall not apply to Admiralty actions.

26. Stay of proceedings in collision, actions until security given (O. 70, r. 26)

(1) Where an action in rem, being an action to enforce any such claim as is referred to in Order 11, rule 1(1)(a), (b) and (c), is begun and a cross action in rem arising out of the same collision or other occurrence as the first-mentioned action is subsequently begun, or a counterclaim arising out of that occurrence is made in the first-mentioned action, then:

    (a) if the ship in respect of or against which the first-mentioned 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 first-mentioned action until the security is given to satisfy any judgment given in favour of that party.

(2) Where the court orders a stay of any action in rem:

    (a) any property under arrest in the action remains under arrest; and

    (b) any security representing the property remains in force,

unless the court orders otherwise.

27. Inspection of ship (O. 70, r. 27)

Without prejudice to its powers under Order 29, rules 2 and 3, and Order 35, rule 5, 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.

28. Shorthand note of oral evidence (O. 70, r. 28)

(1) An official shorthand note shall, if the court so directs, be taken of the proceedings in court of any cause or matter. The reference in this paragraph to a shorthand note shall be construed as including a reference to a record of the proceedings made by mechanical means.

(2) The court may appoint official Admiralty shorthand writers who shall be paid such fees as may be fixed by the court.

29. Examination of witnesses and other persons (O. 70, r. 29)

(1) The power conferred by Order 39, rule 1 shall extend to the making of an order authorizing the examination of a witness or person on oath before a Judge sitting in court as if for the trial of the cause or matter, without the cause or matter having been set down for trial or called on for trial.

(2) The power conferred by rule 1 shall also extend 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), it may make provision for any consequential matters and, subject to any provision so made, the following provisions shall have effect:

    (a) the party whose witness is to be examined shall provide a shorthand writer to take down the evidence of the witness;

    (b) any representative, being a solicitor, of either of the parties shall have authority to administer the oath to the witness;

    (c) the shorthand writer need not himself be sworn but shall certify in writing as correct a transcript of his notes of the evidence and deliver it to the solicitor for the party whose witness was examined, and that solicitor shall file it in the Registry;

    (d) unless the parties otherwise agree or the court otherwise orders, the transcript or a copy thereof shall, before the transcript is filed, be made available to the counsel or other persons who acted as solicitor at the examination, and if any of those persons is of the opinion that the transcript does not accurately represent the evidence he shall make a certificate specifying the corrections which in his opinion should be made therein, and that certificate shall be filed with the transcript.

(4) In actions in which preliminary acts fall to be filed under rule 17, an order shall not be made under Order 39, rule 1, authorizing 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 39 shall apply in relation to an Admiralty cause or matter.

30. Issue of subpoena (O. 70, r. 30)

Order 38, rule 14 shall apply in relation to the issue of a subpoena to testify or subpoena to produce documents in an Admiralty cause or matter.

31. Proceedings for apportionment of salvage (O. 70, r. 31)

(1) Proceedings for the apportionment of salvage the aggregate amount of which has already been ascertained shall be begun by notice of application.

(2) The notice of application, together with the affidavits in support thereof, shall be filed in the Registry at least seven days before the hearing of the notice of application, unless the court gives leave to the contrary, and a copy of the notice and of the affidavits shall be served on all the other parties to the proceedings before the originals are filed.

(3) On the hearing of the notice of application the Judge may exercise any of the jurisdiction conferred by section 402 of the Merchant Shipping Ordinance 1952.

32. Filing and service of notice of application (O. 70, r. 32)

(1) A notice of application in any action, together with the affidavits, if any, in support thereof, shall be filed in the Registry at least three days before the hearing of the notice of application unless the court gives leave to the contrary.

(2) Subject to rule 20(11), a copy of the notice of application and of the affidavits, if any, in support thereof shall be served on all the other parties to the proceedings.

33. Agreement between solicitors may be made order of Court (O. 70, r. 33)

Any agreement in writing between the solicitors of the parties to a cause or matter, dated and signed by these 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 shall thereupon become an order of court and have the same effect as if such order had been made by the Judge in person.

34. Originating summons: Procedure (O. 70, r. 34)

(There is no rule 34)

35. Limitation action: Parties (O. 70, r. 35)

(1) In a limitation action the person seeking relief shall be the plaintiff and shall be named in the writ by his name and not described merely as the owner of, or as bearing some other relation to, a particular ship or other property.

(2) The plaintiff shall make one of the persons with claims against him in respect of the casualty to which the action relates defendant to the action and may make any or all of the others defendants also.

(3) At least one of the defendants to the action shall be named in the writ by his name but the other defendants may be described generally and not named by their names.

(4) The writ shall be served on one or more of the defendants who are named by their names therein and need not be served on any other defendant.

(5) In this rule and rules 36, 37 and 38, “name” includes a firm name or the name under which a person carries on his business, and where any person with a claim against the plaintiff in respect of the casualty to which the action relates has described himself for the purposes of his claim merely as the owner of, or as bearing some other relation to, a ship or other property, he may be so described as defendant in the writ and, if so described, shall be deemed for the purposes of the rules aforesaid to have been named in the writ by his name.

36. Limitation action: Application for decree or directions (O. 70, r. 36)

(1) Within seven days after the entry of appearance by one of the defendants named by their names in the writ or, if none of them enters an appearance, within seven days after the time limited for appearing, the plaintiff, without serving a statement of claim, shall take out a notice of application returnable in Chambers before the Registrar asking for a decree limiting his ability or, in default of such a decree, for directions as to the further proceedings in the action.

(2) The notice of application shall be supported by an affidavit or affidavits proving:

    (a) the plaintiff’s case in the action; and

    (b) if none of the defendants named in the writ by their names has entered an appearance, service of the writ on at least one of the defendants so named.

(3) The affidavit in support of the notice of application shall state:

    (a) the names of all the persons who, to the knowledge of the plaintiff, have claims against him in respect of the casualty to which the action relates, not being defendants to the action who are named in the writ by their names; and

    (b) the address of each of those persons, if known to the plaintiff.

(4) The notice of application and every affidavit in support thereof shall, at least seven clear days before the hearing of the notice of application, be served on any defendant who has entered an appearance.

(5) On the hearing of the notice of application the Registrar, if it appears to him that it is not disputed that the plaintiff has a right to limit his liability, shall make a decree limiting the plaintiff’s liability and fix the amount to which the liability is to be limited.

(6) On the hearing of the notice of application the Registrar, if it appears to him that any defendant has not sufficient information to enable him to decide whether or not to dispute that the plaintiff has a right to limit his liability, shall give such directions as appear to him to be appropriate for enabling the defendant to obtain such information and shall adjourn the hearing.

(7) If on the hearing or resumed hearing of the notice of application the Registrar does not make a decree limiting the plaintiff’s liability, he shall give such directions as to the further proceedings in the action as appear to him to be appropriate including, in particular, a direction requiring the taking out of a notice of application for directions under Order 33 or 34.

(8) Any defendant who, after the Registrar has given directions under paragraph (7), ceases to dispute the plaintiff’s right to limit his liability shall forthwith file a notice to that effect in the Registry, as the case may be, and serve a copy on the plaintiff and on any other defendant who has entered an appearance.

(9) If every defendant who disputes the plaintiff’s right to limit his liability serves a notice on the plaintiff under paragraph (8), the plaintiff may take out a notice of application returnable in Chambers before the Registrar asking for a decree limiting his liability; and paragraphs (4) and (5) shall apply to a notice of application under this paragraph as they apply to a notice of application under paragraph (1).

36A. Limitation action: Payment into Court (O. 70, r. 36A)

(1) The plaintiff may constitute a limitation fund by paying into court the Ringgit Malaysia equivalent of the number of special drawing rights or gold francs (as the case may be) to which he claims to be entitled to limit his liability under any Merchant Shipping law, together with interest thereon from the date of the occurrence giving rise to his liability to the date of payment into court.

(2) Where the plaintiff does not know the Ringgit Malaysia equivalent of the said number of special drawing rights on the date of payment into court he may calculate the same on the basis of the latest available published Ringgit Malaysia equivalent of a special drawing right as fixed by the International Monetary Fund, and in the event of the Ringgit Malaysia equivalent of a special drawing right on the date of payment into court under paragraph (1) being different from that used for calculating the amount of that payment into court the plaintiff may:

    (a) make up any deficiency by making a further payment into court which, if made within fourteen days after the payment into court under paragraph (1), shall be treated, except for the purposes of the rules relating to the accrual of interest on money paid into court, as if it had been made on the date of that payment into court; or

    (b) apply to the court for payment out of any excess amount (together with any interest accrued thereon) paid into court under paragraph (1).

(3) An application under paragraph (2)(b) may be made ex parte and must be supported by evidence proving the Ringgit Malaysia equivalent of the appropriate number of special drawing rights on the date of payment into court.

(4) On making any payment into court under this rule, the plaintiff shall give notice thereof in writing to every defendant, specifying the date of payment in, the amount paid in, the amount of interest included therein, the rate of such interest and the period to which it relates. The plaintiff shall also give notice in writing to every defendant of any excess amount (and any interest thereon) paid out to him under paragraph (2)(b).

(5) Rule 23(2) and (3) of this Order shall apply, with the necessary modifications, to the payment out of money paid into court under this rule.

37. Limitation action: Proceedings under decree (O. 70, r. 37)

(1) Where the only defendants in a limitation action are those named in the writ by their names and all the persons so named have either been served with the writ or entered an appearance, any decree in the action limiting the plaintiff’s liability (whether made by the Registrar or on the trial of the action) need not be advertised, but shall only operate to protect the plaintiff 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 plaintiff’s liability (whether made by the Registrar or on the trial of the action):

    (a) shall be advertised by the plaintiff in such manner and within such time as may be provided by the decree;

    (b) shall fix a time within which persons with claims against the plaintiff in respect of the casualty to which the action relates may enter an appearance in the action (if they have not already done so) and file their claims, and, in cases to which rule 38 applies, take out a notice of application if they think fit, to set the order aside.

(3) The advertisement to be required under subparagraph (2)(a) shall, unless for special reasons the Registrar or Judge thinks fit otherwise to provide, be a single advertisement in each of three newspapers specified in the decree, identifying the action, the casualty and the relation of the plaintiff thereto (whether as owner of a ship involved in the casualty or otherwise as the case may be), stating that the decree has been made and specifying the amounts fixed thereby as the limits of the plaintiff’s liability and the time allowed thereby for the entering of appearances, the filing of claims and the taking out of notices of application to set the decree aside. The plaintiff shall within the time fixed under subparagraph (2)(b) file in the Registry a copy of each newspaper in which the advertisement required under subparagraph (2)(a) appears.

(4) The time to be allowed under subparagraph (2)(b) shall, unless for special reasons the Registrar or Judge thinks fit otherwise to provide, be not less than two months from the latest date allowed for the appearance of the advertisements; and after the expiration of the time so allowed, no appearance may be entered, claim filed or notice of application taken out to set aside the decree except with leave of the Registrar or, on an appeal, of the Judge.

(5) Save as aforesaid, any decree limiting the plaintiff’s liability (whether made by a Registrar or on the trial of the action) may make any such provision as is authorized by the Merchant Shipping Ordinance 1952.

38. Limitation action: Proceedings to set aside decree (O. 70, r. 38)

(1) Where a decree limiting the plaintiff’s liability (whether made by a Registrar or on the trial of the action) fixes a time in accordance with rule 37(2), any person with a claim against the plaintiff in respect of the casualty to which the action relates, who:

    (a) was not named by his name in the writ as a defendant to the action; or

    (b) if so named, neither was served with the writ nor entered an appearance,

may, within that time, after entering an appearance, take out a notice of application returnable in Chambers before the Registrar asking that the decree be set aside.

(2) The notice of application shall be supported by an affidavit or affidavits showing that the defendant in question has a bona fide claim against the plaintiff in respect of the casualty in question and that he has sufficient prima facie grounds for the contention that the plaintiff is not entitled to the relief given him by the decree.

(3) The notice of application and every affidavit in support thereof shall, at least seven clear days before the hearing of the notice of application, be served on the plaintiff and any defendant who has entered an appearance.

(4) On the hearing of the notice of application the Registrar, if he is satisfied that the defendant in question has a bona fide claim against the plaintiff and sufficient prima facie grounds for the contention that the plaintiff is not entitled to the relief given him by the decree, shall set the decree aside and give such directions as to the further proceedings in the action as appear to him to be appropriate including, in particular a direction requiring the taking out of an application for directions under Order 34.

39. References to Registrar (O. 70, r. 39)

(1) Any party (which is referred to as the “claimant” in this rule), making a claim which is referred to the Registrar for decision shall, within two months after the order is made, or, in a limitation action, within such other period as the court may direct, file his claim and, unless the reference is in such an action, serve a copy of the claim on every other party.

(2) At any time after the claimant’s claim has been filed or, 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, not less than twenty-eight days before the day appointed for the hearing of the reference, any party to the cause or matter may apply to the Registrar by notice of application for directions as to the proceedings on the reference, and the Registrar shall give such directions, if any, as he thinks fit including, without prejudice to the generality of 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 shall 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 shall be made by order on an application by notice of application made by any party to the cause or matter.

(4) An appointment for the hearing of a reference shall not be made until after the claimant has filed his 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 seven days after an appointment for the hearing of a reference has been made the claimant or, where the reference is in a limitation action, the plaintiff shall enter the reference for hearing by lodging in the Registry a praecipe requesting the entry of the reference in the list for hearing on the day appointed.

(6) Not less than fourteen days before the day appointed for the hearing of the reference the claimant shall file:

    (a) a list, signed by him and every other party, of the items, if any, of his claim which are not disputed, stating the amount, if any, which he 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 his claim which are disputed,

and, unless the reference is in a limitation action, he shall at the same time serve on every other party a copy of every document filed under this paragraph.

(7) If the claimant fails to comply with paragraph (1) or subparagraph (6)(b), the court may, on the application of any other party to the cause or matter, dismiss the claim.

40. Hearing of reference (O. 70, r. 40)

(1) The Registrar may adjourn the hearing of a reference from time to time as he 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 may, on the application of either party, but at the expense in the first instance of the party on whose behalf the application is made, be taken down by the official shorthand writer, if any, and in such case a transcript of the shorthand writer’s notes, certified by him to be correct, shall be admitted to prove the oral evidence of the witnesses on an objection to the Registrar’s decision.

(4) When the hearing of the reference has been concluded, the Registrar shall:

    (a) reduce to writing his 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 his decision or subsequently such statement, if any, of the grounds of the decision as he thinks fit; and

    (c) send to the parties to the reference notice that he has done so.

(5) Where no statement of the grounds of the Registrar’s decision is filed with his decision and no intimation has been given by the Registrar that he intends to file such a statement later, any party to the reference may, within fourteen days after the filing of the decision, make a written request to the Registrar to file such a statement.

41. Objection to decision on reference (O. 70, r. 41)

(1) Any party to a reference to the Registrar may, by notice of application in objection, apply to a Judge in court to set aside or vary the decision of the Registrar on the reference, but the notice of application, specifying the points of objection to the decision, shall be filed within fourteen days after the date on which notice of the filing of the decision was sent to that party under rule 40(4) or, if a notice of the filing of a statement of the grounds of the decision was subsequently sent to him thereunder, within fourteen days after the date on which that notice was sent.

(2) The decision of the Registrar shall be deemed to be given on the date on which it is filed, but unless he or the Judge otherwise directs, the decision shall not be acted upon until the time has elapsed for the filing of a notice of application in objection thereto, or while such a notice of application is pending or remains undisposed of.

(3) A direction shall not be given under paragraph (2) without the parties being given an opportunity of being heard, but may, if the Registrar announces his intended decision at the conclusion of the hearing of the reference, be incorporated in his decision as reduced to writing under rule 40(4).

42. Drawing up and entry of judgments and orders (O. 70, r. 42)

Every judgment given or order made in an Admiralty cause or matter shall be drawn up and shall be entered by an officer of the Registry in the book kept for the purpose.

43. Inspection of document filed in Registry (O. 70, r. 43)

(1) Order 60, rule 4, shall apply in relation to documents filed in the Registry.

(2) For the purposes of rule 4, as applied by paragraph (1), a decree made in Chambers in a limitation action shall be deemed to have been made in court.