Magistrates' Court Civil Procedure (Amendment No. 6) Rules 2000

i Magistrates' Court Civil Procedure (Amendment No. 6) Rules 2000 S.R. No. 133/2000 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. Principal Rules 1 5. Offers of Compromise 2 PART 1—INTERPRETATION 2 15.01 Definitions 2 PART 2—OFFER OF COMPROMISE 2 15.02 Application 2 15.03 Time for making, accepting, etc. offer 3 15.04 Time for payment 4 15.05 Effect of offer 4 15.06 Disclosure of offer to Court 5 15.07 Failure to comply with accepted offer 5 15.08 Costs consequences of failure to accept 6 15.09 Multiple defendants 8 15.10 Offer to contribute 9 15.11 Transitional 10 6. Amendment to reference to Form 10 7. Substitution of Appendix A 10 APPENDIX A 11 ═══════════════ ENDNOTES 21 -- 1 of 22 -- 1 STATUTORY RULES 2000 S.R. No. 133/2000 Magistrates' Court Act 1989 Magistrates' Court Civil Procedure (Amendment No. 6) Rules 2000 The Acting Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules: 1. Object The object of these Rules is to revise the rules concerning offers of compromise, to amend a reference in a form and to increase the scale of costs. 2. Authorising provisions These Rules are made under section 16 of the Magistrates' Court Act 1989 and all other enabling powers. 3. Commencement These Rules come into operation on 1 January 2001. 4. Principal Rules In these Rules the Magistrates' Court Civil Procedure Rules 19991 are called the Principal Rules. -- 2 of 22 -- S.R. No. 133/2000 Magistrates' Court Civil Procedure (Amendment No. 6) Rules 2000 2 5. Offers of Compromise For Order 15 of the Principal Rules substitute— 'OFFER OF COMPROMISE PART 1—INTERPRETATION 15.01 Definitions In this Order— "claim" includes a counterclaim and any claim made in accordance with Order 8; "defendant" includes a defendant by counterclaim and a party against whom a claim is made in accordance with Order 8; "plaintiff" includes a defendant who serves a counterclaim and a party who makes a claim in accordance with Order 8. PART 2—OFFER OF COMPROMISE 15.02 Application (1) The plaintiff and the defendant may in respect of any claim in a proceeding serve on one another an offer of compromise on the terms specified in the offer. (2) An offer of compromise in respect of a claim may be on terms that take into account any other claim between the plaintiff and the defendant made in the proceeding. (3) An offer of compromise must— (a) be in writing and be prepared in accordance with Rule 3.05; and (b) contain a statement to the effect that it is served in accordance with this Order. r. 5 -- 3 of 22 -- S.R. No. 133/2000 Magistrates' Court Civil Procedure (Amendment No. 6) Rules 2000 3 (4) For the avoidance of any doubt, the making of or acceptance of an offer of compromise under this Order does not affect the operation of— (a) section 105 of the Act; and (b) any regulations made under section 105— concerning the awarding of costs. 15.03 Time for making, accepting, etc. offer (1) An offer of compromise may be served at any time before an order in respect of the claim to which it relates. (2) A party may serve more than one offer of compromise. (3) An offer of compromise may be expressed to be limited as to the time the offer is open to be accepted after service on the party to whom it is made, but the time expressed shall not be less than 7 days after such service. (4) A party on whom an offer of compromise is served must within 3 days after service serve a written acknowledgment of service on the party serving the offer. (5) A party on whom an offer of compromise is served may accept the offer by serving notice of acceptance in writing on the party who made the offer before— (a) the expiration of the time specified in accordance with sub-rule (3) or, if no time is specified, the expiration of 7 days after service of the offer; or (b) an order in respect of the claim to which the offer relates— r. 5 -- 4 of 22 -- S.R. No. 133/2000 Magistrates' Court Civil Procedure (Amendment No. 6) Rules 2000 4 whichever event is the sooner. (6) An offer of compromise must not be withdrawn during the time it is open to be accepted, unless the Court otherwise orders. (7) An offer of compromise is open to be accepted within the period referred to in sub-rule (5) notwithstanding that during that period the party on whom the offer is served makes an offer of compromise to the party who served the offer of compromise, whether or not the offer made by the party served is made in accordance with this Part. (8) Upon the acceptance of an offer of compromise in accordance with sub-rule (5), unless the Court otherwise orders, the defendant must pay the costs of the plaintiff in respect of the claim up to and including the day the offer was served. (9) If an offer of compromise contains a term which purports to negative or limit the operation of sub-rule (8), that term has no effect for any purpose under this Part. 15.04 Time for payment An offer of compromise providing for payment of a sum of money to a plaintiff must, unless it otherwise provides, be taken to be an offer providing for payment of that sum within 30 days after acceptance of the offer. 15.05 Effect of offer An offer of compromise made in accordance with this Part must be taken to be an offer of compromise made without prejudice, unless the offer otherwise provides. r. 5 -- 5 of 22 -- S.R. No. 133/2000 Magistrates' Court Civil Procedure (Amendment No. 6) Rules 2000 5 15.06 Disclosure of offer to Court (1) No statement of the fact that an offer of compromise has been made must be contained in any document filed in the proceeding. (2) Where an offer of compromise has not been accepted, then, except as provided by Rule 15.08(6), communication with respect to the offer must not be made to the Court on the hearing of the proceeding until after all questions of liability and the relief to be granted have been determined. (3) Sub-rules (1) and (2) do not apply where an offer of compromise provides that the offer is not made without prejudice. 15.07 Failure to comply with accepted offer (1) If a party to an accepted offer of compromise fails to comply with the terms of the offer, then, unless for special cause the Court otherwise orders, the other party is entitled, as that other party may elect, to— (a) an order in the proceeding in the terms of the accepted offer; or (b) where the party in default is the plaintiff, an order that the proceeding be dismissed, and where the party in default is the defendant, an order that the plaintiff be permitted to proceed as if a notice of defence had not been filed, and in either case to an order accordingly. (2) If a party to an accepted offer of compromise fails to comply with the terms of the offer, and a defendant in the proceeding has made a claim by counterclaim or third party notice r. 5 -- 6 of 22 -- S.R. No. 133/2000 Magistrates' Court Civil Procedure (Amendment No. 6) Rules 2000 6 which is not the subject of the accepted offer, the Court may make such order in the proceeding under sub-rule (1) and make an order that the proceeding, counterclaim or claim by third party notice be continued as it thinks fit. 15.08 Costs consequences of failure to accept (1) This Rule applies to an offer of compromise which has not been accepted at the time of an order on the claim to which the offer relates. (2) If an offer of compromise is made by a plaintiff and not accepted by the defendant, and the plaintiff obtains an order on the claim to which the offer relates no less favourable to the plaintiff than the terms of the offer, then, unless the Court otherwise orders, the plaintiff is entitled— (a) if the claim of the plaintiff is for damages for or arising out of death or bodily injury, to an order against the defendant for costs in respect of the claim to be fixed on a party and party basis in accordance with paragraph (c); (b) in the case of any other claim of the plaintiff, to an order against the defendant for costs in respect of the claim up to and including the day the offer was served to be fixed on a party and party basis and for costs thereafter to be fixed on a party and party basis in accordance with paragraph (c); (c) unless scale F in Table 1 of Appendix A applies to a claim, party and party costs must be fixed on the next highest r. 5 -- 7 of 22 -- S.R. No. 133/2000 Magistrates' Court Civil Procedure (Amendment No. 6) Rules 2000 7 scale in that Table to the scale that, if not for this Rule, would apply. (3) If an offer of compromise is made by a defendant and not accepted by the plaintiff, and the plaintiff obtains an order on the claim to which the offer relates not more favourable to the plaintiff than the terms of the offer, then, unless the Court otherwise orders, the plaintiff is entitled to an order against the defendant for costs in respect of the claim up to and including the day the offer was served fixed on a party and party basis and the defendant is entitled to an order against the plaintiff for costs in respect of the claim thereafter fixed on a party and party basis. (4) For the purpose of sub-rule (3), if the offer of compromise was served on the first or a later day of the hearing of the proceeding, then, unless the Court otherwise orders, the plaintiff is entitled to costs in respect of the claim to the opening of the court next after the day on which the offer was served fixed on a party and party basis, and the defendant is entitled to costs in respect of the claim thereafter fixed on a party and party basis. (5) If a plaintiff obtains an order of the Court for the recovery of a debt or damages and— (a) the order includes an amount for interest or damages in the nature of interest; or r. 5 -- 8 of 22 -- S.R. No. 133/2000 Magistrates' Court Civil Procedure (Amendment No. 6) Rules 2000 8 (b) by or under any Act the Court awards the plaintiff interest or damages in the nature of interest— for the purpose of determining the consequences as to costs referred to in sub- rules (2) and (3) the Court must disregard so much of the amount recovered by or awarded to the plaintiff for interest or damages in the nature of interest as relates to the period after the day the offer of compromise was served. (6) For the purpose only of sub-rule (5), the Court may be informed of the fact that the offer of compromise was served, and of the date of service, but must not be informed of its terms. (7) Sub-rules (2) and (3) do not apply unless the Court is satisfied by the party serving the offer of compromise that that party was at all material times willing and able to carry out that party's part of what was proposed in the offer. (8) Where the plaintiff obtains an order for the recovery of a debt or damages, and the amount of the debt or the damages was not in dispute, but only the question of liability, sub-rule (2) does not apply unless the Court is satisfied that the plaintiff's offer was of a genuine compromise. 15.09 Multiple defendants If 2 or more defendants are alleged to be jointly or jointly and severally liable to the plaintiff in respect of a debt or damages and rights of contribution or indemnity appear to r. 5 -- 9 of 22 -- S.R. No. 133/2000 Magistrates' Court Civil Procedure (Amendment No. 6) Rules 2000 9 exist between the defendants, the consequences as to costs referred to in Rule 15.08 do not apply to an offer of compromise unless— (a) in the case of an offer made by the plaintiff, the offer is made to all the defendants, and is an offer of compromise of the claim against all of them; (b) in the case of an offer made to the plaintiff— (i) the offer is to compromise the claim against all defendants; and (ii) where the offer is made by two or more defendants, by the terms of the offer the defendants who made the offer are jointly or jointly and severally liable to the plaintiff for the whole amount of the offer. 15.10 Offer to contribute (1) Where in any proceeding a defendant makes a claim (in this Rule called "a contribution claim") to recover contribution or indemnity against any person, whether a defendant to the proceeding or not, in respect of any claim for a debt or damages made by the plaintiff in the proceeding, any party to the contribution claim may serve on any other party to the contribution claim an offer to contribute toward a compromise of the claim made by the plaintiff on the terms specified in the offer. (2) The Court may take an offer to contribute into account in determining whether it r. 5 -- 10 of 22 -- S.R. No. 133/2000 Magistrates' Court Civil Procedure (Amendment No. 6) Rules 2000 10 should order that the party on whom the offer to contribute was served should pay the whole or part of— (a) the costs of the party who made the offer; (b) any costs which that party is liable to pay to the plaintiff. (3) Rules 15.05 and 15.06 apply, with any necessary modification, to an offer to contribute as if it were an offer of compromise. 15.11 Transitional Order 15 as in force immediately before 1 January 2001 continues to apply to an offer of compromise served before that date.'. 6. Amendment to reference to Form In Rule 4.02(e) of the Principal Rules for "Form 4AB" substitute "Form 5AB". 7. Substitution of Appendix A For Appendix A to the Principal Rules substitute— r. 6 -- 11 of 22 -- S.R. No. 133/2000 Magistrates' Court Civil Procedure (Amendment No. 6) Rules 2000 11 'APPENDIX A Scale of costs and fees which may be claimed by Counsel and Solicitors as between party and party as well as between solicitor and client. Item Particulars of Service Costs PART 1 $ 1. Claim for debt, liquidated demand or claim arising from a motor vehicle collision for costs of repairs only or for total loss of vehicle only including all professional costs where the amount claimed is— (a) Less than $500 126.00 (b) $500 to less than $5000 263.00 (c) $5000 to less than $7500 323.00 (d) $7500 to less than $20 000 387.00 (e) $20 000 up to and including $40 000 483.00 (f) Over $40 000 580.00 Item Particulars of Service—For Costs relating to items 2 to 28A see Table 1 after item 28A Institution of proceedings 2. Instructions to sue including letter before action, preparation and filing of complaint, copies for service and attendances on counsel (where necessary) and on process server 3. (a) Instructions to defend claim, counterclaim or third party notice including perusal and giving notice of defence, attendance on counsel (where necessary), copies, filing and service (b) Preparation of counterclaim, third party notice or notice of contribution including copies, filing and service (c) Perusal of notice of contribution 4. Instructions to make, issue or oppose an application or summons or any notice of objection under the Judgment Debt Recovery Act 1984 including instructions for any necessary affidavit (not otherwise provided for) r. 7 -- 12 of 22 -- S.R. No. 133/2000 Magistrates' Court Civil Procedure (Amendment No. 6) Rules 2000 12 Item Particulars of Service—For Costs relating to items 2 to 28A see Table 1 after item 28A Particulars 5. Request for particulars of any document including copies, attendances on counsel, filing, service and perusal of further particulars 6. Further and better particulars of any document including copies, attendances on counsel, filing, service and perusal of request Discovery 7. (a) Notice of discovery including filing and service (b) Perusal of affidavit and inspection of documents (c) Affidavit of documents including instructions, copies, swearing, filing and service and production of documents for inspection (d) Notice to produce documents including filing and service Interrogatories 8. (a) Interrogatories for examination of one party including instructions, copies and attendances on counsel, filing and service and perusal of interrogatories (b) Answers to interrogatories of one party including instructions, copies and attendances on counsel, swearing, filing and service including perusal of interrogatories Notices, undertakings etc. 9. Any necessary notice, undertaking, consent, order, memorandum (not otherwise provided for) including copies, filing and service 10. (a) Notice to Admit, including copies, filing, service and perusal of admissions and making copies thereof (b) Admissions, including copies, perusal of Notice to Admit and making copies, filing and service 11. Offer of Compromise or notice of acceptance of offer including copies and service Item Particulars of Service—For Costs relating to items 2 r. 7 -- 13 of 22 -- S.R. No. 133/2000 Magistrates' Court Civil Procedure (Amendment No. 6) Rules 2000 13 to 28A see Table 1 after item 28A Witnesses and Expert Witnesses 12. (a) Witness summons including instructions, issuing and necessary copies (b) Attendance on a witness to arrange attendance to give evidence without witness summons, including reminders (c) (i) Arranging examination or inspection by an expert witness and notifying party, supplying relevant documents to witness, obtaining and perusing reports (ii) Notifying party of examination or inspection arranged by opposite party (d) Instructions for and preparation of statement of expert witness (pursuant to Order 19.02) including filing and service 13. (a) Application or summons or any notice of objection under the Judgment Debt Recovery Act 1984 including copies, issuing, filing and affidavit of service (b) Application for an order under Rules 10.01 (in addition to item 1 if applicable) or 10.04 Affidavits 14. Preparation of any necessary affidavit, swearing, filing and service 15. Affidavit of service, including swearing and filing (not otherwise provided for) General Preparation 16. Including all necessary instructions (including instructions for negotiations for settlement), and instructions for brief for counsel or brief notes for solicitor (where necessary) including attendances personally, and/or by telephone, correspondence, perusals and examinations or scanning and preparation for delivery of brief to counsel (or brief notes to solicitor) Item Particulars of Service—For Costs relating to items 2 to 28A see Table 1 after item 28A r. 7 -- 14 of 22 -- S.R. No. 133/2000 Magistrates' Court Civil Procedure (Amendment No. 6) Rules 2000 14 Pre-Hearing Conference 17. (a) Preparation including all necessary instructions, instructions for brief for counsel or brief notes for solicitor (where necessary) all necessary correspondence, perusals, etc. (b) Attending conference whether by counsel or by solicitor Court Attendance 18. (a) Attending Court on hearing—solicitor without counsel for the first six hours (b) If attendance at Court exceeds six hours—for each hour thereafter (c) Attending Court, Magistrate or Officer of the Court on an application, summons or to hear reserved judgment (d) Attending WorkCover mentions 19. (a) Solicitor attending Court on hearing—with counsel (where necessary)—for the first three hours (b) If attendance exceeds three hours—for each hour thereafter Conference with Counsel 20. Appointing and attending conference (when necessary) Fees to Counsel 21. (a) To draw or settle any necessary document including notice before action, particulars of claim, counterclaim, special defence, interrogatories, etc. (b) Brief on hearing (c) For each six hours or part thereof after the first six hours of hearing (including any luncheon adjournment) (d) Conference PART 2 The items in this Part may be allowed in solicitor/client matters by the Taxing Master of the Supreme Court in addition to or in substitution for the costs provided in item 16 Item Particulars of Service—For Costs relating to items 2 to 28A see Table 1 after item 28A Documents r. 7 -- 15 of 22 -- S.R. No. 133/2000 Magistrates' Court Civil Procedure (Amendment No. 6) Rules 2000 15 22. Drawing any necessary document or brief (where not otherwise provided for)—per folio 23. (a) Typing any necessary document or brief (where not otherwise provided for)—per folio (b) Copies—any necessary carbon, photo or machine-made copy—per page Perusals 24. (a) Of any necessary document or part of a document (where not otherwise provided for)—per folio (b) Examination or scanning any document which is not necessary to peruse—per folio Correspondence 25. (a) Special letter (b) Any necessary letter (including an agency letter) (c) For each circular letter after the first postage may be claimed as a disbursement Attendances 26. (a) An attendance—such as an attendance at the office of the Registrar, or on a process server or to serve or an attendance which is capable of being made by a clerk (b) An attendance (personal or by telephone) of a solicitor or managing clerk and involving the exercise of skill or legal knowledge—for each quarter hour (c) An attendance which does not involve the exercise of skill or legal knowledge—for each quarter hour PART 3 27. (a) Warrant to seize property or of delivery including instructions, preparation and issuing (b) Summons for oral examination, including instructions, preparation of summons and affidavit, issue, arranging service, forwarding summons and affidavit to Registrar with letter Item Particulars of Service—For Costs relating to items 2 to 28A see Table 1 after item 28A 28. Proceedings for attachment of debts including all professional costs. r. 7 -- 16 of 22 -- S.R. No. 133/2000 Magistrates' Court Civil Procedure (Amendment No. 6) Rules 2000 16 28A. (a) Summons for Attachment of Earnings, including instructions, preparation of summons, affidavit and Form 27F, issuing summons, arranging service, forwarding summons and affidavit to Registrar with a letter (including affidavit of service) (b) Preparation, filing and serving Form 27L (c) Preparation of order to attend or to give a statement under Rule 27.16 issue and arranging service. TABLE 1 Costs for items 2 to 28A Item A Less than $500 B $500 to less than $5000 C $5000 to less than $7500 D $7500 to less than $20 000 E $20 000 up to and including $40 000 F Over $40 000 2. 126 263 323 387 483 580 3. (a) 59 125 154 184 229 276 (b) 67 137 169 203 252 303 (c) 31 31 31 31 31 31 4. 43 43 43 65 80 96 5. 44 99 119 144 178 213 6. 39 83 100 119 149 179 7. (a) 30 47 59 69 87 103 (b) 36 66 78 98 122 146 (c) 69 148 179 215 269 321 (d) 30 44 59 69 87 103 8. (a) 58 116 141 169 212 253 (b) 76 162 203 243 303 363 Item A Less than $500 B $500 to less than $5000 C $5000 to less than $7500 D $7500 to less than $20 000 E $20 000 up to and including $40 000 F Over $40 000 r. 7 -- 17 of 22 -- S.R. No. 133/2000 Magistrates' Court Civil Procedure (Amendment No. 6) Rules 2000 17 9. 30 50 60 70 88 104 10. (a) 76 76 76 104 130 157 (b) 76 76 76 104 130 157 11. 65 65 65 95 119 144 12. (a) 14 23 34 34 44 53 (b) 14 14 14 23 27 32 (c) (i) 42 42 42 65 80 96 (ii) 11 11 11 31 39 47 (d) 58 103 141 169 212 253 13. (a) 41 54 60 67 82 99 (b) 26 26 26 26 26 26 14. 58 116 141 169 212 253 15. 23 23 23 23 23 23 16. 228 747 921 1106 1383 1660 17. (a) 56 168 226 272 339 407 (b) 100 192 273 339 424 510 18. (a) 210 422 635 762 953 1142 (b) 44 83 100 122 151 181 (c) 60 132 164 196 246 295 (d) 71 71 71 71 71 71 19. (a) 95 164 203 243 303 363 (b) 31 56 69 82 102 123 20. 30 60 75 94 118 142 Item A Less than $500 B $500 to less than $5000 C $5000 to less than $7500 D $7500 to less than $20 000 E $20 000 up to and including $40 000 F Over $40 000 r. 7 -- 18 of 22 -- S.R. No. 133/2000 Magistrates' Court Civil Procedure (Amendment No. 6) Rules 2000 18 21. (a) 33 57 80 93 118 142 (b) 217 487 654 785 980 1177 (c) 145 325 436 523 654 783 (d) 33 57 80 93 118 142 22. 2.60 6.60 6.60 6.60 8.10 9.80 23. (a) 1.50 1.50 1.50 1.50 1.50 1.50 (b) 1.50 1.50 1.50 1.50 1.50 1.50 24. (a) 1.50 1.50 1.50 1.50 1.50 1.50 (b) 0.90 0.90 0.90 0.90 0.90 0.90 25. (a) 23.60 23.60 23.60 23.60 23.60 23.60 (b) 16.60 16.60 16.60 16.60 16.60 16.60 (c) 9.40 9.40 9.40 9.40 9.40 9.40 26. (a) 16.60 16.60 16.60 16.60 16.60 16.60 (b) 29 29 29 29 29 29 (c) 13.00 13.00 13.00 13.00 13.00 13.00 27. (a) 33 66 79 99 124 149 (b) 35 80 96 109 136 164 28. 95 194 243 291 363 435 28A. (a) 171 274 294 369 462 552 (b) 30 50 60 70 88 104 (c) 30 50 60 70 88 104 Item Particulars of Service Costs $ 29. Service In this item "Court documents" includes complaint, summons, application or other document used in a Court proceeding r. 7 -- 19 of 22 -- S.R. No. 133/2000 Magistrates' Court Civil Procedure (Amendment No. 6) Rules 2000 19 (1) (a) For service of Court documents— (i) For service on each person to be served 41 (ii) For service on each person to be served where service is effected by post or by leaving at a document exchange 2.60 (iii) For every necessary visit made in attempting service and for each report of non-service where the time, date and number of visits attempting service are shown by affidavit 29 (iv) In addition to the abovementioned fees an allowance at the rate of 55 cents for each 1 kilometre in respect of any distance measured both ways from the nearest court house or other building where the Court is held, or the residence of the person who served the Court document, whichever is the closer, to the place of service or attempted service of the Court document. (b) A Registrar, upon application made before service of any Court document, may fix and endorse on the document an amount representing an allowance calculated at 55 cents for each kilometre of the distance both ways by the shortest practicable route, from the nearest court house or other building where the Court is held, or the residence of the process server, whichever is the closer to the place of service and the Court in assessing costs on the hearing shall have regard to the amount so fixed and endorsed. Item Particulars of Service Costs $ (2) (a) For service of two or more Court documents in the same proceeding on the same person who was or could have been served at the same time and place, only one service fee shall be allowed. r. 7 -- 20 of 22 -- S.R. No. 133/2000 Magistrates' Court Civil Procedure (Amendment No. 6) Rules 2000 20 (b) For service of a Court document in the same proceeding on two or more persons who were or could have been served at the same time and place, only one service fee shall be allowed. (3) No costs shall be allowed for service of any Court document where service has been effected by an employee of the plaintiff or defendant, unless the Court is satisfied by evidence on oath or affidavit that the employee is exclusively engaged on the service of legal process for the employer. (4) (a) Order for substituted service including all professional costs 146 (b) If advertisement in lieu of service is ordered, the necessary and reasonable costs of advertisement in addition. 30. In addition to the above amounts, money properly paid out of the pocket and the expenses of witnesses and interpreters are to be allowed, and disbursements and counsel's fees of the nature referred to in item 21 that are reasonably incurred on behalf of a client may be charged.'. Dated: 13 December 2000 BRIAN STIRTEVANT BARROW, Acting Chief Magistrate JELENA POPOVIC, Deputy Chief Magistrate DANIEL JOHN MULING, Deputy Chief Magistrate ═══════════════ r. 7 -- 21 of 22 -- S.R. No. 133/2000 Magistrates' Court Civil Procedure (Amendment No. 6) Rules 2000 21 ENDNOTES 1 Rule 4: S.R. No. 58/1999. Reprint (No. 1) as at 1 July 2000 to S.R. No. 46/2000. Subsequently amended by S.R. No. 89/2000. Endnotes -- 22 of 22 --