All interlocutory applications to Court and applications authorised by the rules shall be made by motion, unless otherwise provided. They shall be made by motion and notice to the parties concerned, which shall be filed in the Central Office or in the case of other Courts, the appropriate registrar or office.
In any case, the Court if satisfied that the delay caused by proceeding by motion on notice would or might entail a irreparable or serious mischief, may make any order ex parte (on a unilateral application) upon such terms as to costs or otherwise and subject to such undertaking, if any, as the Court may think just. Any party affected by such order may move to set it aside.
In every case or matter which any person makes an application by motion on notice, he shall be at liberty to include in one application all matters which he then desires the order or directions of the Court. It is lawful for the Court to make any order or give any directions relative to or consequential on the matter of such application as may be just.
Unless the Court otherwise gives special leave, there must be at least two clear days between service of a notice of motion and the day named in the notice for hearing of the motion. Where the notice of motion is required to be served personally out of Court, it shall be served not less than four days before the hearing of the application.
All notices of motion shall contain the name and registered place of business of the solicitor for the party serving the same. It shall contain the name and registered place of business of the solicitor to be served, and shall be dated of the date on which the same shall be served. Every notice of motion served by or on parties suing or appearing in person, shall state their names and places of residence and address for service.
If, on the hearing of a motion or other application, the Court is of the opinion that any person to whom notice has not been given, ought to have or to have had such notice, the Court may either dismiss the motion or adjourn the hearing, in order that such notice may be given on such terms as the Court may think fit to impose.
The hearing of any motion or application may from time to time be adjourned on such terms as the Court thinks fit.
The plaintiff may without special leave, be at liberty to serve any notice of motion or other notice upon a defendant, who, having been duly served with an originating summons, has not appeared within the time limited for that purpose. The plaintiff may, by leave of the Court given unilaterally serve any notice of motion on a defendant along with the originating summons, or at any time after service of the originating summons and before the time limited for appearance.
Where a party to a motion does not attend the matter may be heard in his or her absence. Where the Court has so proceeded, the proceeding shall not be reheard unless the Court is satisfied that the failure to attend was not due to wilful delay or negligence.
In such cases, the costs occasioned by non-attendance shall be at the discretion of the Court, which may fix the same at the time, or direct them to be paid by the party or his solicitor before he shall be permitted to have such proceeding reheard, or may make such other order as to costs as it may think fit.
Every conditional order shall be served within ten days of the date it is pronounced unless further time is allowed by Court.
In any proceeding which has been so assigned, under it shall not be necessary except in cases mentioned in rule 4 to deliver or serve a copy of any affidavit on which the motion is grounded.
On the hearing of any application in proceeding not assigned, an affidavit shall not be used without special leave of the Court, unless the same shall be produced at the hearing or shall have been filed, or, if the application shall be on notice, unless the affidavit shall have been filed and a copy delivered to the opposite party before the hearing of the application.
Preservation of Position
Where by any contract, a prima facie case of liability is established and there is alleged as matter of defence, a right to be relieved wholly or partly of such liability, the Court may make an order for the preservation or interim custody of the subject-matter of the litigation or may order that the amount in dispute be brought into Court or otherwise secured.
Where an application shall be made before trial for an injunction or other order, and on the opening of such application, or at any time during its hearing, it shall appear to the Court that the matter in controversy is one which can be most conveniently dealt with by an early trial, then without first going into the merits on affidavit or other evidence, the Court may make an order for such trial.
The Court on the application of any party to a matter, may make an order for the sale, by any person named in such order and in such manner and on such terms as the Courts thinks desirable of any goods, wares, merchandise which may be of a perishable nature or liable to injury from keeping or which for any other just and sufficient reason, it may be desirable to have sold at once.
The Court, may on the application in any matter and upon such terms as may be just, may make an order for the detention, preservation, or inspection of any property or thing, the subject of the cause or matter or as to which any question may arise therein.
For all or any of such purposes above, it may authorise any person to enter upon any land or building in the possession of any party in such cause or matter and for all or any of the purposes aforesaid may authorise any samples to be taken or any observations to be made or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence.
The Court, with or without a jury, may inspect any property or thing concerning which any question may arise on it.
The Court may grant an order of mandamus, injunction or appoint a receiver, by an interlocutory order in any case where it appears just and convenient to do so. Any such order may be made unconditionally or upon such terms and conditions as the Court thinks just. An injunction to prevent a threatened or apprehended waste or trespass may at any time be granted if the Court thinks fit.
In any matter in which an injunction has been or might have been claimed, the plaintiff may, before or after judgement, apply for an injunction to restrain the defendant or respondent from the repetition or continuance of the wrongful act or breach of contract complained of, or from the commission of any injury or breach of contract of like kind relating to the same property or right, or arising out of the same contract. The Court may grant an injunction, upon or without terms, as may be just.
An application above may be made to the Court by any party. If the application is made by a plaintiff for an injunction regarding waste or trespass apprehended, it may be made ex parte or on notice. In other cases, it may be made on notice to the defendant at any time after the issue of summons. If it is by any other party, then a notice to the plaintiff is given at any time after an appearance by the party making the application. This is provided that, where the exigencies of the case require it, any such application may be made ex parte.
An application for an order for preservation or interim custody of the subject matter of litigation, may be made by the plaintiff at any time after his right thereto appears from the pleadings or if there are no pleadings, it appears by affidavit or otherwise to satisfaction of the Court.
Property & Administration
Where action is to recover or a defendant seeks in his defence by counterclaim to recover, specific property other than land, and the party from whom such recovery does not dispute the title of the party seeking to recover the same, but claims to retain the property by lien or otherwise a security for sum of money, the Court may, at any time after such claim appears in the pleadings or affidavit, order that the party claiming to recover the property be at liberty to pay into Court to abide the result of the action, the amount of money in respect of which the lien or security is claimed and such further sum for interest and costs as the Court direct, and that on payment being made into Court, the property claimed be given up to the party claiming it.
Where any real or personal estate forms the subject of proceedings and the Court is satisfied that it will be more than sufficient to answer all claims thereon which ought to be provided for in the proceedings, the Court may, allow the parties interested therein or one or more of them, the whole or part of the annual income of the real or personal property as the Court shall direct.
Where in an action for the administration of the estate of a deceased person or execution of trusts of a written instrument, a sale is ordered of property vested in the executor, trustee etc., the conduct of such sale shall be given to the executor, trustee etc. unless the Court otherwise directs.