Division 3Division 3 Other powers of court
64 Amendment of documents generally
(cf SCR Part 20, rules 1 and 4; DCR Part 17, rules 1 and 4)
(1) At any stage of proceedings, the court may order:(a) that any document in the proceedings be amended, or(b) that leave be granted to a party to amend any document in the proceedings.(2) Subject to section 58, all necessary amendments are to be made for the purpose of determining the real questions raised by or otherwise depending on the proceedings, correcting any defect or error in the proceedings and avoiding multiplicity of proceedings.(3) An order under this section may be made even if the amendment would have the effect of adding or substituting a cause of action that has arisen after the commencement of the proceedings but, in that case, the date of commencement of the proceedings, in relation to that cause of action, is, subject to section 65, taken to be the date on which the amendment is made.(4) If there has been a mistake in the name of a party, this section applies to the person intended to be made a party as if he or she were a party.(5) This section does not apply to the amendment of a judgment, order or certificate.
65 Amendment of originating process after expiry of limitation period
(cf SCR Part 20, rule 4; DCR Part 17, rule 4)
(1) This section applies to any proceedings commenced before the expiration of any relevant limitation period for the commencement of the proceedings.(2) At any time after the expiration of the relevant limitation period, the plaintiff in any such proceedings may, with the leave of the court under section 64 (1) (b), amend the originating process so as:(a) to enable the plaintiff to maintain the proceedings in a capacity in which he or she has, since the proceedings were commenced, become entitled to bring and maintain the proceedings, or(b) to correct a mistake in the name of a party to the proceedings, whether or not the effect of the amendment is to substitute a new party, being a mistake that, in the court’s opinion, is neither misleading nor such as to cause reasonable doubt as to the identity of the person intended to be made a party, or(c) to add or substitute a new cause of action, together with a claim for relief on the new cause of action, being a new cause of action that, in the court’s opinion, arises from the same (or substantially the same) facts as those giving rise to an existing cause of action and claim for relief set out in the originating process.(3) Unless the court otherwise orders, an amendment made under this section is taken to have had effect as from the date on which the proceedings were commenced.(4) This section does not limit the powers of the court under section 64.(5) This section has effect despite anything to the contrary in the Limitation Act 1969.(6) In this section, originating process, in relation to any proceedings, includes any pleading subsequently filed in the proceedings.
(cf Act No 11 1970, section 75)
(1) Subject to rules of court, the court may at any time and from time to time, by order, adjourn to a specified day any proceedings before it or any aspect of any such proceedings.(2) If a judicial officer is not available at the time appointed for the hearing of any proceedings, a registrar may adjourn, to a later time on the same day or to a later specified day, any matters listed for hearing by the judicial officer at the appointed time.
(cf Act No 9 1973, section 156)
Subject to rules of court, the court may at any time and from time to time, by order, stay any proceedings before it, either permanently or until a specified day.
68 Attendance at court and production of documents and things to court
(cf Act No 9 1973, section 64; Act No 11 1970, section 72; SCR Part 36, rule 12)
Subject to rules of court, the court may, by subpoena or otherwise, order any person to do either or both of the following:(a) to attend court to be examined as a witness,(b) to produce any document or thing to the court.Note. See also section 77 of the Crimes (Administration of Sentences) Act 1999 and section 42 of the Children (Detention Centres) Act 1987 with respect to the attendance of persons detained in custody.
69 Affidavits and witness statements may be read in advance of hearing
Proceedings are not to be challenged, reviewed, quashed or called into question by reason only that the judicial officer or other person before whom the proceedings are being conducted has, prior to hearing, read any affidavit or witness statement that has been filed or lodged in the proceedings.
70 Informal proof and admissions
(cf Act No 52 1970, section 82)
(1) At any stage of the proceedings, the court:(a) may, by order, dispense with the rules of evidence for proving any matter that is not bona fide in dispute, also with such rules of evidence as may give rise to expense or delay, and(b) without limiting the generality of paragraph (a), may, by order, dispense with the proof of handwriting, documents, the identity of parties or parcels of land, or of authority, and(c) may, by order, require any party (not being a person under legal incapacity) to make admissions with respect to any document or to any question of fact, and(d) in the case of a party’s refusal or neglect to make any admission required under paragraph (c), may, unless of the opinion that the refusal or neglect is reasonable, order that the costs of proof occasioned by the refusal or neglect are to be paid by the party.(2) An admission made under subsection (1) (c):(a) is to be for the purpose of the proceedings in which it is made and for no other purpose, and(b) is to be subject to all just exceptions, and(c) may, with the leave of the court, be amended or withdrawn.
71 Business in the absence of the public
(cf Act No 52 1970, section 80)
Subject to any Act, the business of a court in relation to any proceedings may be conducted in the absence of the public in any of the following circumstances:(a) on the hearing of an interlocutory application, except while a witness is giving oral evidence,(b) if the presence of the public would defeat the ends of justice,(c) if the business concerns the guardianship, custody or maintenance of a minor,(d) if the proceedings are not before a jury and are formal or non-contentious,(e) if the business does not involve the appearance before the court of any person,(f) if, in proceedings in the Equity Division of the Supreme Court, the court thinks fit,(g) if the uniform rules so provide.
73 Power of court to determine questions about compromises and settlements
(1) In any proceedings, the court:(a) has and may exercise jurisdiction to determine any question in dispute between the parties to the proceedings as to whether, and on what terms, the proceedings have been compromised or settled between them, and(b) may make such orders as it considers appropriate to give effect to any such determination.(2) This section does not limit the jurisdiction that the court may otherwise have in relation to the determination of any such question.