196Orders relating to sham transactions

### 196 Orders relating to sham transactions > [*\[Section 196 Inserted by No. 60 of 2013, s. 12, Applied:01 Mar 2014\]*](/view/html/inforce/2014-03-01/act-2013-060#GS12@EN) > > > (1)  For the purposes of this section, a person carries out a sham transaction if he or she carries out, makes, gives or designs, for the purpose of directly or indirectly defeating, avoiding, preventing or impeding the operation of this Part in any respect – > > > > > > (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether enforceable, or intended to be enforceable, by legal proceedings; or > > > > > > > (b) any scheme, plan, proposal, action, course of action or course of conduct. > > > (2)  If the DPP suspects that a person has carried out, is carrying out or may carry out a sham transaction, the DPP may apply to the Supreme Court for an order to be made under [subsection (3)](#GS196@Gs3@EN) . > > > (3)  On hearing an application under [subsection (2)](#GS196@Gs2@EN) and in order to promote justice, the Supreme Court may make an order – > > > > > > (a) declaring that the transaction is void in whole or in part; or > > > > > > > (b) preventing the transaction from being carried out; or > > > > > > > (c) varying the operation of the transaction in whole or in part. > > > (4)  The Supreme Court may only make an order under [subsection (2)](#GS196@Gs2@EN) if satisfied that a person named in the application has carried out, is carrying out or may carry out a sham transaction. > > > (5)  If the Supreme Court makes an order under this section, it may make any ancillary orders that are necessary or convenient in the circumstances for or in respect of any consequential or related matter, including orders relating to – > > > > > > (a) dealing with property; and > > > > > > > (b) disposing of any proceeds from the sale of property; and > > > > > > > (c) making payments of money; and > > > > > > > (d) creating a charge on property in favour of any person and the enforcement of the charge.