(e)
decide the question or issue originally referred to him on the evidence taken before him, either with
or without additional evidence.
(4)
When the report of the Referee has been made, an application to vary the report or remit the
whole or any part of the question or issue originally referred may be made on the hearing by
the Court to the further consideration of the cause or matters, after giving not less than four days
notice thereof, and any other application with respect to the report may be made on the hearing
without notice.
(5)
Where on a reference under this order, the Court or a Judge in Chambers orders that the further
consideration of the cause or matter in question shall not stand adjourned until the receipt of the
Referee's report, the order may contain directions with respect to the proceedings on the receipt of
the report, and the foregoing provisions of the rule shall have effect subject to such directions.
ORDER 42
PAYMENT INTO AND OUT OF COURT
Payment into and out of Court
1.
( 1 ) Where after service in any proceeding for debt or damages, a defendant envisages an intention
to pay money into Court in respect of the proceeding, he shall notify the Chief Registrar who will
thereupon direct him to pay the money into an interest yielding account in a commercial bank, and
he shall file the teller for such payment with the Chief Registrar.
(2)
Where a teller for payment is filed with the Chief Registrar, he shall forthwith give notice of the payment
to the plaintiff who may apply to a Judge, for an order to withdraw the amount so paid.
(3)
Where a defence of tender before action is set up, the sum of money alleged to have been
tendered shall in brought into Court.
(4)
The defendant may, without leave, give a written notice to the Chief Registrar of an intention to
increase the amount of any sum paid into Court.
(5)
Where the money is paid into Court in satisfaction of one or more of several causes of action, the
notice shall specify the cause or causes of action in respect of which payment is made and the sum
paid in respect of each such cause of action unless a Judge otherwise directs
Civil Form 27
(6)
The notice shall be in Form 27 with such modifications or variations as circumstances may
require, the receipt of the notice shall be acknowledged in writing by the plaintiff within three
days. The notice may be modified or withdrawn or delivered in an amended form by leave of
a Judge upon such terms as may be just.
(7)
Where money is paid into Court with denial of liability, the plaintiff may proceed with the action
in respect of the claim, and if he succeeds, the amount paid shall be applied so far as is necessary in
satisfaction of the claim, and the balance, if any, shall on the order of a Judge be repaid to the
defendant. Where the defendant succeeds in respect of such claim the whole amount paid into
Court shall be repaid to him on the Order of a Judge.