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Court Procedures Rules
732Division 2.9.4 order—damages and undertaking as to
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732 Division 2.9.4 order—damages and undertaking as to
damages
(1) Unless there is a good reason, a division 2.9.4 order or ancillary order
made until the trial or hearing or until a stated day must not be made
without the usual undertaking as to damages having been given.
(2) The usual undertaking as to damages for a division 2.9.4 order or
ancillary order applies during an extension of the period of the order.
(3) If the usual undertaking as to damages is contravened, the person in
whose favour the undertaking is given may apply to the court for an
order for assessment of damages.
or direction under this rule
(4) If the court finds damages are sustained because of a division 2.9.4
order or ancillary order, it may, at trial or on application by a party,
assess damages or give the directions it considers necessary for the
assessment of damages.