--(1) This rule applies to applications under section 16 of the Act.
--(2) An application must be made by fixed date claim.
--(3) The person from whom an account or information is claimed or by whom any books are required to be produced must be made defendant to the claim.
--(4) The claim form must be entitled-
----(a) in the matter or matters out of which the need for the application arose; and
----(b) in the matter of the State Liability and Proceedings Act.
--(5) The claim form or the statement of case must-
----(a) refer to the enactment under which the account or information or payment or the production of books is claimed; and
----(b) where information is claimed must show (by appropriate questions or otherwise) what information is required.
--(6) An affidavit by a duly authorised officer of the government department concerned setting out the facts on which the application is based and stating his belief in such facts is evidence of the facts so set out.
--(7) If the defendant files evidence disputing any such facts the State may file further evidence.
--(8) The court may order that the deponents or any of them attend to be cross-examined.
--(9) The court may-
----(a) decide the matter upon the affidavit evidence after any cross-examination that may be ordered; or
----(b) direct that it be decided by oral evidence in court.
--(10) If the court makes an order in favour of the State it must specify a date by which the defendant is to comply with each of the terms of the order.
(The procedure relating to fixed date claims is dealt with in rules 8.1(4) and 27.2)
Notes
Back to Part (58. Proceedings by and against the State)