—(1) An application for an order for disgorgement under section 236L may be made by originating summons, naming as the defendant therein the third party.
(2) Order 28 shall, unless modified expressly herein, apply to the originating summons.
(3) The application under paragraph (1) shall be supported by an affidavit setting out —
the grounds on which the application is made, including:
particulars of the contravention of the relevant provision of Part XII of the Act;
circumstances leading to the trades carried out for the third party in question;
circumstances leading to the third party receiving the whole or any part of the benefit of the contravention; and
particulars of the benefit received by the third party; and
where the application is made by a claimant —
particulars of the securities transaction, futures contract, or contract or arrangement in connection with leveraged foreign exchange trading, in respect of which the claimant suffered a loss;
circumstances leading to the entering into of the transaction in question;
circumstances leading to the loss suffered; and
particulars of the loss suffered.
(4) Unless the Court otherwise orders, the application under paragraph (1) and supporting affidavit under paragraph (3) must be served personally on —
the third party; and
any other person appearing to be interested as the Court may direct,
at least 28 clear days or such longer time as the Court may direct, before the hearing of the application.
(5) If the applicant for the order for disgorgement or his solicitor does not comply with paragraph (4), the application shall be deemed dismissed, unless the Court otherwise directs.
(6) After hearing an application under paragraph (1), the Court may direct the applicant to serve on the third party a notice under section 236L(2) in Form 228, specifying the time and place for him to show cause why an order for disgorgement should not be made against him.
(7) The third party may show cause by affidavit or otherwise to the satisfaction of the Court.
[S 513/2011 wef 30/09/2011]