5Penalty for failing to appear on summons

### 5 Penalty for failing to appear on summons > *\[Section 5 Amended by 25 Geo. V No. 78 \]**\[Section 5 Amended by No. 55 of 1965, s. 5 \]**\[Section 5 Amended by No. 46 of 1991, s. 4 and Sched. 2 \]**\[Section 5 Amended by No. 67 of 1994, s. 3 and Sched. 1 \]*[*\[Section 5 Amended by No. 27 of 1992, Sched. 1, Applied:30 Mar 1998\]*](/view/html/inforce/1998-03-30/act-1992-027#JS1@Ja2@GC1@EN) [*\[Section 5 Amended by No. 38 of 2015, s. 26, Applied:13 Oct 2015\]*](/view/html/inforce/2015-10-13/act-2015-038#GS26@EN) Any debtor or other person summoned under the provisions of the [Debtors Act 1870](/view/html/inforce/2026-04-12/act-1870-033) for the purpose of being examined as to the means of such debtor to pay the sum in respect of which he has made default, and who refuses or neglects, without sufficient cause, to attend and be examined before the court or judge before whom he is summoned to appear for the purpose aforesaid, or who refuses to produce before such court or judge, any books, papers, or writings which he has been required to produce as aforesaid, shall be liable to such fine not exceeding 10 penalty units as such court or judge shall impose upon him; and such court or judge may commit to prison as for contempt of court for one month any debtor or other person who shall have been ordered to pay any such fine as aforesaid and who shall make default in payment thereof; and the whole or any part of such penalty, in the discretion of the court or judge, after deducting the costs, shall be applicable towards indemnifying the party injured by such refusal or neglect; and the payment of such fine may be enforced in the same manner as money ordered to be paid by such court or judge.