14.01Orders about property

14.01 Orders about property

(1) The court may make an order for the inspection, detention, possession, valuation, insurance or preservation of property if: (a) the order relates to the property of a party, or a question may arise about the property in a case; and (b) the order is necessary to allow the proper determination of a case. (2) The court may order a party: (a) to sell or otherwise dispose of property that will deteriorate, decay or spoil; and (b) to deal with the proceeds of the sale or disposal in a certain way. (3) A party may ask the court to make an order in relation to property authorising a person to: (a) enter, or to do another thing to gain entry or access to, the property; (b) make observations, and take photographs, of the property; (c) observe or read images or information contained in the property including, for example, playing a tape, film or disk, or accessing computer files; or (d) copy the property or information contained in the property. (4) If the court makes an order under this rule, it may also order a party to pay the costs of a person who is not a party to the case and who must comply with the order. (5) The court may make an order under subrule (1) binding on, or otherwise affecting, a person who is not a party to a case.

Note: For the procedure for making an application for interim, procedural, ancillary or other incidental orders, see Chapter 5.