Northern Territory Consolidated Regulations

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SUPREME COURT RULES 1987 - REG 41.16

Order for payment of expenses

Where a person has given an undertaking in accordance with rule 41.13 and 41.15 and does not, within 14 days after service on him of an account of expenses incurred in consequence of the letter of request, pay to the Registrar the amount of the expenses, the Court may, on application by the Registrar:

        (a)     order the applicant or his solicitor (where the undertaking was given by the solicitor), or both of them, to pay the amount of the expenses to the Registrar; and

        (b)     where:

            (i)     the applicant is a plaintiff, stay the proceeding until payment so far as concerns the whole or a part of a claim for relief by the applicant; and

            (ii)     the applicant is defendant, make such order as it thinks fit, including an order that, until payment, the defendant be taken not to have filed an appearance or be not permitted to use in evidence a deposition of a witness obtained pursuant to the letter of request.

Order 42     Subpoenas



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