A 186
[Subsidiary]
CAP. 41 The Rules of the Supreme Court Order 49 [1988 Ed.
body corporate, an officer thereof, to attend before the Registrar or such officer as the Court may appoint and be orally examined on the questions--
(a) whether any and, if so, what debts are owing to the judgment debtor, and
(b) whether the judgment debtor has any and, if so, what other property or means of satisfying the judgment or order,
and the Court may also order the judgment debtor or officer to produce any books or documents in the possession of the judgment debtor relevant to the questions aforesaid at the time and place appointed for the examination.
(2) An order under this rule must be served personally on the judgment debtor and on any officer of a body corporate ordered to attend for examination.
(3) Any difficulty arising in the course of an examination under this rule before the Registrar or officer, including any dispute with respect to the obligation of the person being examined to answer any question put to him, may be referred to a judge and he may determine it or give such directions for determining it as he thinks fit.
Examination of party liable to satisfy other judgment (O. 48, r. 2)
2. Where any difficulty arises in or in connection with the enforcement of any judgment or order, other than such a judgment or order as is mentioned in rule 1, the Court may make an order under that rule for the attendance of the party liable to satisfy the judgment or order and for his examination on such questions as may be specified in the order, and that rule shall apply accordingly with the necessary modifications.
Examiner to make record of debtor's statement (O. 48, r. 3)
3.
The Registrar or officer conducting the examination shall take down, or cause to be taken down, in writing the statement made by the judgment debtor or other person at the examination, read it to him and ask him to sign it; and if he refuses the officer shall sign the statement.
App. A. Forms 72-74.
ORDER 49
GARNISHEE PROCEEDINGS
Attachment of debt due to judgment debtor (O. 49, r. 1)
1. (1) Where a person (in this Order referred to as "the judgment creditor") has obtained a judgment or order for the payment by some other person (in this Order referred to as "the judgment debtor") of a sum of money amounting in value to at least $1,000, not being a judgment or order for the payment of money
A 186
[Subsidiary]
CAP. 41 The Rules of the Supreme Court Order 49 [1988 Ed.
body corporate, an officer thereof, to attend before the Registrar or such officer as the Court may appoint and be orally examined on the questions--
(a) whether any and, if so, what debts are owing to the
judgment debtor, and
(b) whether the judgment debtor has any and, if so, what other property or means of satisfying the judgment or order,
and the Court may also order the judgment debtor or officer to produce any books or documents in the possession of the judgment debtor relevant to the questions aforesaid at the time and place appointed for the examination.
(2) An order under this rule must be served personally on the judgment debtor and on any officer of a body corporate ordered to attend for examination.
(3) Any difficulty arising in the course of an examination under this rule before the Registrar or officer, including any dispute with respect to the obligation of the person being examined to answer any question put to him, may be referred to a judge and he may determine it or give such directions for determining it as he thinks fit.
Examination of party liable to satisfy other judgment (O. 48, r. 2)
2. Where any difficulty arises in or in connection with the enforcement of any judgment or order, other than such a judgment or order as is mentioned in rule 1, the Court may make an order under that rule for the attendance of the party liable to satisfy the judgment or order and for his examination on such questions as may be specified in the order, and that rule shall apply accordingly with the necessary modifications.
Examiner to make record of debtor's statement (O. 48, r. 3)
3.
The Registrar or officer conducting the examination shall take down, or cause to be taken down, in writing the statement made by the judgment debtor or other person at the examination, read it to him and ask him to sign it; and if he refuses the officer shall sign the statement.
App. A. Forms 72-74.
ORDER 49
GARNISHEE PROCEEDINGS
Attachment of debt due to judgment debtor (O. 49, r. 1)
1. (1) Where a person (in this Order referred to as "the judgment creditor") has obtained a judgment or order for the payment by some other person (in this Order referred to as "the judgment debtor") of a sum of money amounting in value to at least $1,000, not being a judgment or order for the payment of money
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