On 23/05/2013,
you requested for the version in force on 23/05/2013
incorporating all amendments published on or before 23/05/2013.
The closest version currently available is that of 01/04/2006.
ORDER 30
RECEIVERS
1.
—(1) An application for the appointment of a receiver may be made by summons.
(2) An application for an injunction ancillary or incidental to an order appointing a receiver may be joined with the application for such order.
(3) Where the applicant wishes to apply for the immediate grant of such injunction, he may do so by ex parte summons supported by an affidavit.
(4) The Court hearing an application under paragraph (3) may grant an injunction restraining the party beneficially entitled to any interest in the property of which a receiver is sought from assigning, charging or otherwise dealing with that property until after the hearing of a summons for the appointment of the receiver and may require such a summons, returnable on such date as the Court may direct, to be issued.
2.
—(1) Where a judgment is given, or order made, directing the appointment of a receiver, then, unless the judgment or order otherwise directs, a person shall not be appointed receiver in accordance with the judgment or order until he has given security in accordance with this Rule.
(2) Where by virtue of paragraph (1), or of any judgment or order appointing a person named therein to be receiver, a person is required to give security in accordance with this Rule, he must give security approved by the Court duly to account for what he receives as receiver and to deal with it as the Court directs.
(3) Unless the Court otherwise directs, the security shall be by guarantee or, if the amount for which the security is to be given does not exceed $10,000, by an undertaking in Form 57.
(4) The guarantee or undertaking must be filed in the Registry.
3. A person appointed receiver shall be allowed such proper remuneration, if any, as may be fixed by the Court.
4.
—(1) A receiver must submit accounts to the Court at such intervals or on such dates as the Court may direct in order that they may be passed.
(2) Unless the Court otherwise directs, each account submitted by a receiver must be accompanied by an affidavit verifying it in Form 58.
(3) The receiver’s accounts and affidavit (if any) must be left at the Registry, and the plaintiff or party having the conduct of the cause or matter must thereupon obtain an appointment for the purpose of passing such accounts.
(4) The passing of a receiver’s accounts must be certified by the Registrar.
5. The days on which a receiver must pay into Court the amounts shown by his account as due from him, or such part thereof as the Court may certify as proper to be paid in by him, shall be fixed by the Court.
6.
—(1) Where a receiver fails to attend for the passing of any account of his, or fails to submit any accounts, make any affidavit or do any other thing which he is required to submit, make or do, he and all or any of the parties to the cause or matter in which he was appointed may be required to attend in Chambers to show cause for the failure, and the Court may, either in Chambers or after adjournment into Court, give such directions as it thinks proper including, if necessary, directions for the discharge of the receiver and the appointment of another and the payment of costs.
(2) Without prejudice to paragraph (1), where a receiver fails to attend for the passing of any accounts of his or fails to submit any accounts or fails to pay into Court on the date fixed by the Court any sum shown by his accounts as due from him, the Court may disallow any remuneration claimed by the receiver in any subsequent accounts and may, where he has failed to pay any such sum into Court, charge him with interest at the rate of 6% per annum or at such other rate as the Chief Justice may from time to time direct on that sum while in his possession as receiver.