108Order for examination

108 Order for examination

108 Order for examination

(cf Act No 9 1973, section 91; Act No 11 1970, section 41; SCR Part 43, rule 1)

(1) The court may, subject to and in accordance with the uniform rules, make an order requiring a person bound by a judgment or order—

(a) to attend the court to be orally examined as to any material question, or

(b) to produce any document or thing that is in his or her possession and that relates to a material question.

(2) An order under this section with respect to a person that is a corporation—

(a) may be addressed to any officer or former officer of the corporation, and

(b) binds any such officer or former officer as if he or she were the person bound by the judgment or order.

(3) Without limiting subsection (1), the uniform rules may require the judgment creditor under a judgment debt to have attempted to obtain information as to the judgment debtor’s financial circumstances (whether by means of a notice requiring the judgment debtor to supply such information or otherwise) before the judgment creditor may apply for an order under this section.

(4) (Repealed)

(5) For the purposes of this section, the material questions in relation to a judgment or order are—

(a) to the extent to which it requires the person bound by it to pay money—

(i) questions as to whether any and, if so, what debts are owing to that person, and

(ii) questions as to whether that person has any and, if so, what other property or other means of satisfying the judgment or order, and

(b) to the extent to which it does not require the person bound by it to pay money, such questions concerning or in aid of the enforcement or satisfaction of the judgment or order as may be specified in the order under this section.

pt 2A, divs 1–6 (ss 18A–18O): Ins 2010 No 135, Sch 6.2 [2]. Rep 2013 No 1, Sch 1.6 [2].

s 108: Am 2007 No 94, Sch 1.12 [5].