2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

48.8   Making of final charging order

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    (1)   This rule deals with the —

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      (a)     filing of objections to a provisional charging order; and

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      (b)     making of a final charging order.

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    (2)   The following persons may file objections to a provisional charging order —

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      (a)     any interested person;

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      (b)     the judgment creditor; and

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      (c)     the judgment debtor.

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    (3)   The objection must be filed not less than 14 days before the hearing.

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    (4)   At the hearing if satisfied that the provisional charging order has been served on the judgment debtor, the court has power to —

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      (a)     discharge the provisional charging order;

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      (b)     give directions for the resolution of any objection that cannot be fairly resolved summarily; or

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      (c)     make a final charging order.

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    (5)   If the court makes an order under paragraph (4)(b), it may continue any injunction made under rule 48.5 until 7 days after the application is finally determined.

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    (6)   Unless the court directs otherwise, a copy of the charging order must be served by the court office on —

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      (a)     any interested person who has filed an objection;

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      (b)     the judgment creditor;

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      (c)     the judgment debtor; and

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      (d)     in the case of stock —

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        (i)     any person who has responsibility for keeping a register of the stock, and

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        (ii)     the company.

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    (7)   Every copy of the charging order served on —

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      (a)     any person who has responsibility for keeping a register of the stock; and

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      (b)     the company,

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    must contain a stop notice.

•     Part 49 deals with the effect of a stop notice.