Court Rules

Order 81A^[1] - International Interests in Mobile Equipment (Cape Town Convention) Act 2005

1. (1) In this Order:

the “Act” means the International Interests in Mobile Equipment (Cape Town Convention) Act 2005;

“the Aircraft Protocol” and “the Cape Town Convention” each has the same meaning as in section 3 of the Act;

“International Registry”, “Registrar” and “regulations” each has the same meaning as in Article 1 of the Cape Town Convention.

(2) Any proceedings (not being proceedings in which only damages are claimed) by or against the Registrar in connection with any function exercised or exercisable by the Registrar under the Cape Town Convention or the Aircraft Protocol (or any procedures made thereunder) or any regulations shall be commenced by originating notice of motion.

(3) Any other proceedings in which relief (not being relief only by way of damages) is sought under or in exercise of a right of action conferred by the Act, the Cape Town Convention, the Aircraft Protocol or any regulations may be commenced by originating notice of motion.

(4) An originating notice of motion by which proceedings referred to in sub rules (2) or (3) are commenced (in this Order hereinafter called “the notice of motion”) shall, as appropriate, be entitled in the matter of the provision of the Act, the Cape Town Convention, the Aircraft Protocol or the regulations pursuant to which the application is made and as between the applicant and any person or persons against whom such relief is sought as respondents.  The notice of motion shall contain the names and addresses of each respondent.

(5) Where any relief is sought affecting any entry or registration in the International Registry, the Registrar shall (if not the applicant) be a respondent to the notice of motion.

(6) The notice of motion shall contain a special indorsement of claim, which shall state specifically and with all necessary particulars the relief (other than damages) sought against each respondent and the grounds thereof.  Where damages are claimed, the notice of motion shall contain a general indorsement of claim, which shall be set out immediately following the special indorsement of claim.

2. The provisions of rules 3 to 8 inclusive of Order 84B shall apply mutatis mutandis to proceedings begun under rule 1 save that not less than 4 days notice of the application shall be given.

3. Where the Court considers it appropriate having regard to the nature of any proceedings to which this Order relates, it may adjourn the proceedings to enable one or more of the parties to make an application pursuant to rule 4(2) of Order 63A to the Judge of the Commercial List for an order entering the proceedings in the Commercial List.