Revised Laws of Saint Lucia (2023)

40R.   Application of sums by a receiver

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    (1)   This section applies to sums which are in the hands of a receiver appointed if the sums are—

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      (a)     the proceeds of the realization of property;

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      (b)     sums, other than the sums under paragraph (a) in which the defendant holds an interest.

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    (2)   The sums under subsection (1) must be applied—

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      (a)     first, to make any payments directed by the Court; and

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      (b)     second, on the defendant's behalf towards satisfaction of the external order.

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    (3)   Where the amount payable under the external order has been fully paid and any sums remain in the receiver's hands he or she shall distribute the sums—

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      (a)     among such persons who held interests in the property as the Court directs; and

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      (b)     in such proportions as the Court directs.

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    (4)   Before making a direction under subsection (3)(a) the Court shall give persons who hold interests in the property a reasonable opportunity to make a representation to it.

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    (5)   For the purposes of subsections (3) and (4) the property is—

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      (a)     the property represented by the proceeds under subsection (1)(a);

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      (b)     the sums under subsection (1)(b).

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    (6)   The receiver applies sums under subsection (2) by paying the sums to the Director of Public Prosecutions on account of the amount payable under the order.

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    (Inserted by Act 18 of 2023)