Order 29 — Issues, Inquiries, Accounts and References to Referees or Arbitrators

In any action before the Court, the Court may at any time order the whole cause or matter or any question or issue of facts arising therein, to be tried before a special referee, officer of the Court, or arbitrator as agreed by the parties.

Where a matter is referred to a referee or arbitrator by a Court order, the Court shall furnish the referee or arbitrator with such part of the proceedings, such information and detailed instructions as may appear necessary and shall direct the parties if necessary to appear before the referee or arbitrator during the inquiry.

The instructions shall specify whether the referee or arbitrator is only to transmit to the Court the proceedings of the inquiry, or may also report the referee or arbitrator’s own opinion on the point referred for investigation.

The referee or arbitrator may, subject to the order of the Court, hold any inquiry at any place or adjourn it as may be convenient and conduct any inspection which may be desirable for the disposal of the matter.

(1) Subject to any order made by the Court ordering the inquiry, evidence shall be taken at the inquiry before a referee or an arbitrator, and the attendance of witnesses to give evidence may be enforced by the Court in the same manner as such attendance may be enforced in a hearing before the Court.

(2) The referee or arbitrator shall have the same authority in the conduct of any inquiry as a Court during the course of any trial.

(3) Nothing in these Rules shall authorize any referee or arbitrator to commit any person to prison or to enforce any order by attachment or otherwise; but the Court may, in respect of matters before a referee or arbitrator, make such order of attachment or committal as it may consider necessary.

(1) The report made by a referee or an award made by an arbitrator in pursuance of a reference or arbitration under this Order shall be made to the Court and notice thereof served on the parties.

(2) A referee or an arbitrator may submit a report on any question arising therein for the decision of the Court or make a special statement of facts from which the Court may draw such inferences as it deems fit.

(3) An award of an arbitrator on any reference shall, unless set aside, be binding on the Court as its findings.

(4) An application to make an award of an arbitrator an order of the Court which is unopposed may be filed by the party seeking for the order of the Court. The Court may make any competent order in the absence of the parties.

(5) On receipt of a referee’s report, the Court may:
(a) adopt the report in whole or in part;
(b) vary the report;
(c) request for an explanation from the referee;
(d) remit the whole or any part of the question or issue originally referred to the referee for further consideration by that referee or any other referee;
(e) decide the question or issue originally referred either on the evidence already taken or with additional evidence.

(6) An application to vary the report of the referee or remit the whole or any part of the question or issue originally referred may be made on the hearing by the Court for the further consideration of the cause or matter by giving not less than four (4) days’ notice thereof and any other application with respect to the report may be made on that hearing without notice.

(7) Where on a reference under this Order, the Court 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 pending the receipt of the report. The foregoing provision of this rule shall have effect subject to any such directions.

The Court may order or direct an account to be taken or by any subsequent order give special directions with regard to the mode in which the account is to be taken or vouched and in particular may direct that in taking the account, the books of accounts in which the accounts in question have been kept shall be taken as prima facie evidence of the truth of their contents, with liberty to the interested parties to object.

Where any account is directed to be taken, the accounting party shall make out the party’s account and verify same by affidavit. The items on each side of the account shall be numbered consecutively, and the account shall be referred to by the affidavit as an exhibit and left in the Registry.

Upon the taking of any account, the Court may direct that any voucher be produced at the chambers of the accounting party’s counsel or at any other convenient place and that only such items as may be contested or surcharged shall be brought before the Court.

Any party seeking to charge any accounting party beyond what the account has admitted to have been received shall give notice to the accounting party, stating so far as the party is able, the amount sought to be charged with particulars of same.

Where by any judgment or order any accounts are directed to be taken or inquiries to be made, each such direction shall be numbered so that as far as possible, each distinct account and inquiry may be designated by a number.

In taking any account directed by any judgment or order, all just allowances shall be made without any direction for that purpose.

(1) Where it appears to the Court that there is any undue delay in the prosecution of any proceedings, the Court may require the party having the conduct of the proceedings or any other party, to explain the delay and may thereupon make such order as to costs of the proceeding as circumstances of the case may require with regard to expediting the proceedings, and the conduct, or the stay thereof. For the purpose aforesaid, any party may be directed to summon the persons whose attendance is required, and to conduct any proceedings and carry out any directions which may be given.

(2) The Court may direct any party or counsel to take over the conduct of the proceedings in question and to carry out any directions made by an order under this rule and make such order as it thinks fit for the payment of the counsel costs.