• PART 30 PART 30 — Orders To Obtain Information From Judgment Debtor

    • 253. Application for order

      (1) A judgment creditor may apply for an order requiring a judgment debtor or, if a judgment debtor is a company or other body corporate or a partnership, an officer or director of that company or body or partner of that partnership, to attend Court to provide information about the judgment debtor's means or any other matter about which information is needed to enforce a judgment or order.
      (2) An application under paragraph (1) may be made without notice, may be dealt with by the Court without a hearing.
      (3) The application must contain the information required by the relevant practice direction.

    • 254. Terms of order

      (1) If the application complies with Rule 253(3), an order to attend Court will be issued in the terms of paragraph (2).
      (2) A person served with an order issued under this Rule must attend Court at the time and place specified in the order and, when he does so, produce at Court documents in his control which are described in the order and answer on affirmation such questions as the Court may require.
      (3) An order under this Rule must contain a notice to the effect that if the person against whom the order is made does not comply with the order, he may be held in contempt of Court and fined, or his assets may be seized.

       

    • 255. Failure to comply with order

      (1) If a person against whom an order has been made under Rule 254 fails to attend Court, refuses at the hearing to make the affirmation or to answer any questions or otherwise fails to comply with the order, the Court will refer the matter to a Judge who may, subject to paragraph (2), impose a fine not exceeding US$10,000 against that person.
      (2) A fine for failing to attend Court may not be imposed unless the judgment creditor has complied with Rules 257(2) and 258.
      Amended on June 1, 2017

    • 256. Service of order

      An order to attend Court must, unless the Court otherwise orders, be served in accordance with a relevant practice direction.

    • 257. Travelling expenses

      (1) A person ordered to attend Court may, within 7 days of being served with the order, ask the judgment creditor to pay him a sum reasonably sufficient to cover his travelling expenses to and from Court.
      (2) The judgment creditor must pay such a sum if requested in accordance with any relevant practice direction.

    • 258. Judgment creditor's affidavit

      (1) The judgment creditor must file an affidavit or affidavits by the person who served the order giving such information as required by the relevant practice direction.
      (2) He must file the affidavit or affidavits not less than 2 days before the hearing, or produce them at the hearing.

    • 259. Conduct of the hearing

      (1) The person ordered to attend Court will be questioned on affirmation by a Court officer, unless the Court has ordered that the hearing shall be before a Judge.
      (2) The judgment creditor or his representative may attend and ask questions where the questioning takes place before a Court officer, and must attend and conduct the questioning if the hearing is before a Judge.