(e) if the action begun by the writ is for the execution, as to property situate within the jurisdiction, of the trusts of a written instrument, being trusts that ought to be executed according to the laws of Trinidad and Tobago and of which the person to be served with the writ is a trustee or if the action begun by the writ is for any relief or remedy which might be obtained in any such action as aforesaid;

(f) if the action begun by the writ is brought against a defendant not domiciled or ordinarily resident within the jurisdiction, to enforce, rescind, dissolve, annul or otherwise affect a contract, or to recover damages or obtain other relief in respect of the breach of contract, being (in either case) a contract which-

(i) was made within the jurisdiction, or

(ii) was made by or through an agent trading or residing within the jurisdiction on behalf of a principal trading or residing out of the jurisdiction, or

(iii) is by its terms or by implication, governed by the laws of Trinidad and Tobago;

(g) if the action begun by the writ is brought against a defendant not domiciled or ordinarily resident within the jurisdiction, in respect of a breach committed within the jurisdiction of a contract made within or out of the jurisdiction, and irrespective of the fact, if such be the case, that the breach was preceded or accompanied by a breach committed out of the jurisdiction that rendered impossible the performance of so much of the contract as ought to have been performed within the jurisdiction;

(h) if the action begun by the writ is founded on a tort committed within the jurisdiction;

(i) if in the action begun by the writ an injunction is sought ordering the defendant to do or refrain from doing anything within the jurisdiction (whether or not damages are also claimed in respect of a failure to do or the doing of that thing);

(j) if the action begun by the writ being properly brought against a person duly served within the jurisdiction, a person out of the jurisdiction is a necessary or proper party thereto;

(k) if the action begun by the writ is either by a mortgagee of property situate within the jurisdiction (other than land) and seeks the sale of the property, the foreclosure of the mortgage or delivery by the mortgagor of possession of the property but not an order for payment of any moneys due under the mortgage or by a mortgagor of property so situate (other than land) and seeks redemption of the mortgage, reconveyance of the property or delivery by the mortgagee of possession of the property but not a personal judgment;

(l) if the action is a probate action within the meaning of Order 74.

In this paragraph "mortgage" includes a charge or lien, " mortgagee" means a person entitled to, or interested in a mortgage and "mortgagor" means a person entitled to, or interested in property subject to a mortgage.

(2) Service of notice of a writ in any place out of the jurisdiction, is permissible without the leave of the Court if every claim made in the action begun by the writ is one which by virtue of an enactment the High Court has power to hear and determine notwithstanding that the person against whom the claim is made is not within the jurisdiction of the Court or that the wrongful act, neglect or default giving rise to the claim did not take place within its jurisdiction.

(3) Where notice of a writ is to be served out of the jurisdiction under paragraph(2) the time to be inserted in the notice within which the defendant served therewith must enter an appearance shall be limited in accordance with the practice adopted under rule 4(3).

Service out of Jurisdiction in Certain Actions of Contract

3. Where it appears to the Court that a contract contains a term to the effect that the High Court shall have jurisdiction to hear and determine any action in respect of the contract, the court may grant leave for service out of the jurisdiction of notice of the writ, by which an action in respect of the contract is begun.

Application for, and Grant of, Leave to serve Notice of Writ out of the jurisdiction

4. (1) an application for the grant of leave under rule 2 or 3 must be supported by an affidavit stating the grounds on which the application is made and that, in the deponent's belief, the plaintiff has a good cause of action, and showing in what place, or country the defendant is, or probably may be found.

(2) No such leave shall be granted unless it shall be made sufficiently to appear to the Court that the case is a proper one for service out of the jurisdiction under this Order.

(3) An order granting under rule2 or 3 leave to serve notice of a writ out of the jurisdiction must limit a time within which the defendant to be served must enter an appearance.

Service of Notice of Writ Abroad: General

5. (1) Subject to the following provisions of this rule Order 10, rule 1, and Order 65, rule 4, shall apply in relation to the service of notice of a writ, notwithstanding that the notice is to be served out of the jurisdiction.

(2) Nothing in this rule or in any order or direction of the Court made by virtue of it shall authorise or require the doing of anything in a country in which service is to be effected which is contrary to the law of that country.

(3) Notice of a writ which is to be served out of the jurisdiction-

(a) need not be served personally on the person required to be served so long as it is served on him in accordance with the law of the country in which service is effected; and

(b) need not be served by the plaintiff or his agent if it is served by a method provided for by rule 6.

(4) Where a certificate under the following provisions of this rule is produced in relation to the service of notice of a writ in accordance with rule 6, Order 10, rule 1(4) shall not apply in relation to that service

(5) An official certificate stating that a notice of a writ as regards which rule 6 has been complied with has been served on a person personally, or in accordance with the law of the country in which service was effected, on a specified date, being a certificate:-

(a) by a consular authority in that country, or

(b) by the government or judicial authorities of that country, or

shall be evidence of the facts so stated.

(6) a document purporting to be such a certificate as is mentioned in paragraph (5) shall, until the contrary is proved, be deemed to be such a certificate.

(7) In this rule and rule 6 "the Hague Convention" means the Convention on the service abroad of judicial and extra-judicial documents in civil or commercial matters signed at the Hague on November 15, 1965.

Service of Notice of Writ Abroad through Foreign Governments, Judicial and Consular Authorities

6. (1) This rule does not apply to service in:-

(a) the United Kingdom, the Isle of Man or the Channel Islands;

(b) any Commonwealth country mentioned in sub-section (3) of section 1 of the British Nationality Act, 1948;

(d) any trust territory administered by Her Majesty's Government in the United Kingdom or by the government of any Commonwealth country mentioned in the said sub-section (3);

(e) the Republic of Ireland.

(2) Where in accordance with these rules notice of a writ is to be served on a defendant in any country with respect to which there subsists a Civil Procedure Convention (other than the Hague Convention) providing for service in that country of process of the High Court, the notice may be served:-

(a) through the judicial authorities of that country; or

(b) through a consular authority in that country (subject to any provision of the convention as to the nationality of persons who may be so served).

(3) Where in accordance with these Rules, notice of a writ is to be served on a defendant in any country which is a party to the Hague Convention, the notice may be served:-

(a) through the authority designated under the Convention in respect of that country; or

(b) if the law of that country permits-

(i) through the judicial authorities of that country, or

(ii) through a consular authority in that country.

(4) Where in accordance with these Rules notice of a writ is to be served on a defendant in any country with respect to which there does not subsist a Civil Procedure Convention providing for service in that country of process of the High Court, the notice may be served:-

(a) through the government of that country, where that government is willing to effect service; or

(b) through a consular authority in that country, except where service through such an authority is contrary to the law of that country.

(5) A person who wishes to serve notice of a writ by a method specified in paragraph (2), (3) or (4) must lodge in the Registry a request for service of notice of the writ by that method, together with:-

(a) a copy of the notice; and

(b) an additional copy of the notice for each person to be served; and shall, before the papers are sent by the Registrar to the Permanent Secretary to the Minister for External Affairs, pay or secure to the satisfaction of the Registrar a sum which the Registrar considers sufficient to answer the fees and charges in connection with such service.

(6) Every copy of a notice lodged under paragraph (5) must be accompanied by a translation of the notice in the official language of the country in which service is to be effected or, if there is more than one official language of that country, in any one of those languages which is appropriate to the place in that country where service is to be effected:

Provided that this paragraph shall not apply in relation to a copy of a notice which is to be served in a country the official language of which is, or the official languages of which include, English, or is to be served in any country by a consular authority on a Commonwealth citizen, unless the service is to be effected under paragraph (2) and the Civil Procedure Convention with respect to that country expressly requires the copy to be accompanied by a translation.

(7) Every translation lodged under paragraph (6) must be certified by the person making it to be a correct translation; and the certificate must contain a statement of that person's full name, of his address and of his qualifications for making the translation.

(8) Documents duly lodged under paragraph (5) shall be sent by the Registrar to the Permanent Secretary to the Minister for External Affairs with a request that he arrange for notice of the writ to be served by the method indicated in the request lodged under paragraph (5) or, where alternative methods are so indicated, by such one of those methods as is most convenient.

Undertaking to pay Expenses in Excess of Sum Paid or Secured to the Registrar

7. Every request lodged under rule 6(5) must contain an undertaking by the person making the request to be responsible personally for all expenses incurred by the Minister of External Affairs in respect of the service requested which are in excess of the sum paid to the Registrar or, as the case may be, of the security given for such sum and, on receiving due notification of the amount of those expenses to pay that amount to the Registrar.

Service of Originating Summons, Petition, Notice of Motion etc.

8. (1) Subject to paragraph (2) and to Order 72 rule 6 service out of the jurisdiction of an origination summons is permissible with the leave of the court.

(2) Where the proceedings begun by an originating summons might have been begun by writ, service out of the jurisdiction of the originating summons is permissible as aforesaid if, but only if, service of notice of the writ, out of the jurisdiction would be permissible had the proceedings been begun by writ.

(3) Where any proceedings are authorised by these Rules or (apart from these Rules) by or under any Act of Ordinance to be begun by originating motion or petition, service out of the jurisdiction of the notice of motion or of the petition is permissible with the leave of the Court.

(4) Subject to Order 72 rule 6 service out of the jurisdiction of any summons, notice or order issued, given or made in any proceedings is permissible with the leave of the Court.

(5) Rule 4(1) and (2) shall, so far as applicable, apply in relation to any application for the grant of leave under this rule as they apply in relation to an application for the grant of leave under rule 2 or 3.

(6) An order granting under this rule leave to serve out of the jurisdiction an originating summons to which an appearance is required to be entered must limit a time within which the defendant to be served with the summons must enter an appearance.

(7) Rules 5, 6 and 7 shall apply in relation to any document for the service of which out of the jurisdiction leave has been granted under this rule as they apply in relation to a writ.

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