58Transactions to defeat claims

### 58 Transactions to defeat claims > > (1)  If a court is satisfied that an existing or anticipated order in a proceeding under this Act is likely to be defeated by the making of a document or disposition by a party to the proceeding, the court may set aside or restrain the making of the document or disposition. > > > (2)  If a court is satisfied that an existing or anticipated order in a proceeding under this Act was defeated by the making of a document or disposition by a party to the proceeding, the court may order that – > > > > > > (a) any property dealt with by the document or disposition be applied towards, or charged with, payment of – > > > > > > > > > > (i) an amount payable under an order adjusting interests in the property of one or more of the parties to the proceeding; or > > > > > > > > > > > (ii) costs; or > > > > > > > (b) the proceeds of a sale be paid into court to satisfy its order. > > > (3)  A court may order a party or a person acting in collusion with a party to pay the costs of any other party, or of a genuine purchaser or other interested person, of and incidental to any document or disposition or the setting aside or restraining of the document or disposition. > > > (4)  For the purpose of this section – > > > > > > (a) something is made by a person if the thing is made by or on behalf of, or by direction or in the interests of, the person; and > > > > > > > (b) it does not matter that the document or disposition is intended to defeat the order concerned.