Form 105-Writ of Summons in Acton in Rem issued out of Admiralty

Form 105-Writ of Summons in Acton in Rem issued out of Admiralty Registry

Form 105.

O.21, r.3

WRIT OF SUMMONS IN ACTION IN REM ISSUED OUT OF ADMIRALTY REGISTRY

In the National Court of Justice No. . . . of 20...

Admiralty action in rem against:

(The ship TAHUA or as may be describing the res)

(The owners of the ship MALILA or as may be)

Plaintiffs

and

(The owners of the ship Tahua or as may be describing the res)

Defendants

THE INDEPENDENT STATE OF PAPUA NEW GUINEA

To the (owners of and other) persons interested in the ship . . . of the port of . . . (or cargo, etc., as may be).

We command you that within 14 days after the service of this writ, inclusive of the day of service, you do cause an appearance to be entered for you in an action at the suit of . . . and take notice that in default of your so doing the plaintiffs may proceed therein, and judgement may be given in your absence, and if the res described in this writ is then under arrest of the Court it may be sold by order of the Court.

WITNESS the Honourable N.P. Chief Justice of our National Court of Justice at Waigani in the Independent State of Papua New Guinea the . . . day of . . . 20...

Registrar

Note: This writ may not be served later than two (2) years beginning with the above date unless renewed by order of the Court.

DIRECTIONS FOR ENTERING NOTICE OF INTENTION TO DEFEND

The defendant(s) may give notice of his/their intention to defend in person or by a solicitor either-

(1) by filing it in the appropriate form, duly completed, at the Registry,

(2) by sending it to that office by post.

Endorsements to be made on writ before issue

Endorsement of claim

The plaintiff's claim is for . . .

(If the plaintiffs sue, or the defendants are sued, in a representative capacity, this must be stated in the endorsement of claim.)

Endorsement as to solicitor and address

This writ was issued by . . . of . . . Solicitor for the said plaintiffs whose address is . . . (or This writ was issued by . . . of . . . agent for . . . of . . . Solicitor for the said plaintiffs whose address is . . . ) (or This writ was issued by the said plaintiffs who reside at . . . and (if the plaintiffs do not reside within the jurisdiction) whose address for service is . . . ).

Endorsement as to service

This writ was served by me at . . . on . . . on . . . the . . . day of . . . 20..., by (stating manner of service).

(Signed)

(address)