A 290
[Subsidiary]
App. B. Form 7.
CAP. 41 The Rules of the Supreme Court Order 75 [1988 Ed.
(2) The bailiff shall send by hand or by post a copy of any order made on an application under paragraph (1) to all those persons who, in relation to that property, have—
(a) entered a caveat which is still in force; or
(b) caused a warrant for the arrest of the property to be executed by the bailiff; or
(c) acknowledged issue or service of the writ in any action in which the property is under arrest; or
(d) intervened in any action in which the property is under arrest.
(3) A person other than the bailiff may make an application under this rule by summons or motion in the action in which the property is under arrest and the summons or notice of motion together with copies of any affidavits in support must be served upon the bailiff and all persons referred to in paragraph (2) unless the court otherwise orders on an application made ex parte.
(4) Unless otherwise directed by the Registrar, the bailiff shall serve a copy of any notice of motion or summons on the property under arrest.
Release of property under arrest (O. 75, r. 13)
13. (1) Except where property arrested in pursuance of a warrant of arrest is sold under an order of the Court, property which has been so arrested shall only be released under the authority of an instrument of release (in this rule referred to as a "release”), in Form No. 7 in Appendix B, issued out of the Registry.
(3) A release shall not be issued with respect to property as to which a caveat against release is in force, unless, either
(a) at the time of the issue of the release the property is under arrest in one or more other actions, or
(b) the Court so orders.
(4) A release may be issued at the instance of any party to the action in which the warrant of arrest was issued if the Court so orders, or, subject to paragraph (3), if all the other parties, except any defendant who has not acknowledged issue or service of the writ, consent.
(6) Before a release is issued, the party applying for its issue must, unless paragraph (3)(a) applies, give notice to any person at whose instance a subsisting caveat against release has been entered, or to his solicitor, requiring the caveat to be withdrawn.
(7) Before property under arrest is released in compliance with a release issued under this rule, the party at whose instance it was issued must, in accordance with the directions of the bailiff, either
Page 290
Page 291
A 290
[Subsidiary]
App. B. Form 7.
CAP. 41 The Rules of the Supreme Court Order 75 [1988 Ed.
(2) The bailiff shall send by hand or by post a copy of any order made on an application under paragraph (1) to all those persons who, in relation to that property, have--
(a) entered a caveat which is still in force; or
(b) caused a warrant for the arrest of the property to be
executed by the bailiff; or
(c) acknowledged issue or service of the writ in any action in
which the property is under arrest; or
(d) intervened in any action in which the property is under
arrest.
(3) A person other than the bailiff may make an application under this rule by summons or motion in the action in which the property is under arrest and the summons or notice of motion together with copies of any affidavits in support must be served upon the bailiff and all persons referred to in paragraph (2) unless the court otherwise orders on an application made ex parte.
(4) Unless otherwise directed by the Registrar, the bailiff shall serve a copy of any notice of motion or summons on the property under arrest.
Release of property under arrest (O. 75, r. 13)
13. (1) Except where property arrested in pursuance of a warrant of arrest is sold under an order of the Court, property which has been so arrested shall only be released under the authority of an instrument of release (in this rule referred to as a "release”), in Form No. 7 in Appendix B, issued out of the Registry.
(3) A release shall not be issued with respect to property as to which a caveat against release is in force, unless, either
(a) at the time of the issue of the release the property is under
arrest in one or more other actions, or
(b) the Court so orders.
(4) A release may be issued at the instance of any party to the action in which the warrant of arrest was issued if the Court so orders, or, subject to paragraph (3), if all the other parties, except any defendant who has not acknowledged issue or service of the writ, consent.
(6) Before a release is issued, the party applying for its issue must, unless paragraph (3)(@) applies, give notice to any person at whose instance a subsisting caveat against release has been entered, or to his solicitor, requiring the caveat to be withdrawn.
(7) Before property under arrest is released in compliance with a release issued under this rule, the party at whose instance it was issued must, in accordance with the directions of the bailiff, either
Page 290Page 291
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