Revised Laws of Saint Lucia (2023)

31D.   Effect of restraining order

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    (1)   Where a restraining order is made, or a management receiver is appointed, no distress may be levied against any realizable property to which the order applies except with the leave of the Court and subject to any terms the Court imposes.

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    (2)   Where the restraining order applies to, or the management receiver is appointed in respect of, a tenancy of any premises, a landlord or other person to whom rent is payable may not exercise a right of forfeiture by peaceable re-entry in relation to the premises in respect of any failure by the tenant to comply with any term or condition of the tenancy, except with the leave of the Court and subject to any terms the Court imposes.

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    (3)   Where proceedings are pending before the Court in respect of any property and the Court is satisfied that a restraining order, or an order for the appointment of a management receiver, has been applied for or made in respect of the property, the Court may stay the proceedings or allow the proceedings to continue on any terms it thinks fit.

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    (4)   Before exercising a power under subsection (3), the Court shall give an opportunity to make a representation to—

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      (a)     the Director of Public Prosecutions; and

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      (b)     the management receiver or, in the case of a restraining order, any receiver appointed in respect of the property.

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    (Inserted by Act 18 of 2023)