Revised Laws of Saint Lucia (2023)

23J.   Exceptions relating to recoverable property

  1.  

    (1)   Where recoverable property is disposed of and obtained by a person in good faith for value and without notice, that recoverable property ceases to be recoverable property—

    1.  

      (a)     if it is vested, forfeited or otherwise disposed of pursuant to powers conferred under this Act;

    1.  

      (b)     where a respondent makes a payment to a claimant in a judgment under civil proceedings.

  1.  

    (2)   Property is not recoverable—

    1.  

      (a)     while a restraining order applies to it, if made under this Act or another enactment; or

    1.  

      (b)     if—

      1.  

        (i)     in pursuance to a judgment in civil proceedings, whether in or outside Saint Lucia the respondent makes a payment to a claimant or a claimant otherwise obtains property from the defendant,

      1.  

        (ii)     the claim of the claimant is based on the criminal conduct of the respondent,

      1.  

        (iii)     apart from this subsection, the sum received or the property obtained by the claimant would be recoverable property.

  1.  

    (Inserted by Act 18 of 2023)

Property Freezing Order, Appointment, Functions and Powers of Receiver in Connection with Property Freezing Order, Receiving Order