AustLII Tasmanian Consolidated Acts

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SUPREME COURT CIVIL PROCEDURE ACT 1932 - SECT 167

Charging order to be made ex parte in first instance, and on notice to bank or company to act as a distringas

In order to prevent any person against whom judgment shall have been obtained, or an order shall have been made, from transferring, receiving, or disposing of any stock, funds, annuities, securities, or shares hereby authorized to be charged for the benefit of the judgment creditor under the order of a judge, every order of a judge charging any Government stock, funds, or annuities, or any securities of a public authority, or any stock or shares in any public company, under this Act, shall be made in the first instance ex parte , without any notice to the judgment debtor, and shall be an order to show cause only; and such order (if any Government stock, funds, or annuities, or any securities of a public authority standing in the name of the judgment debtor in his own right, or in the name of any person in trust for him, is or are to be affected by such order) shall restrain the officer or person having the registry, control, or management of such stock, funds, annuities, or securities, or of the transfers thereof, from permitting a transfer of such stock, funds, annuities, or securities in the meantime and until such order shall be made absolute or discharged; and (if any stock or shares of or in any public company in this State standing in the name of the judgment debtor in his own right, or in the name of any person in trust for him, is or are to be affected by such order) shall in like manner restrain such public company from permitting a transfer thereof; and if after notice of such order to the person or persons to be restrained thereby, or, in case of any corporation, to any authorized agent of such corporation, and before the same shall be discharged or made absolute, such corporation or person or persons shall permit any such transfer to be made, then and in such case the corporation or person or persons so permitting such transfer shall be liable to the judgment creditor for the value or amount of the property so charged and so transferred, or such part thereof as may be sufficient to satisfy his judgment or the sum ordered to be paid to him; and no disposition of the judgment debtor in the meantime shall be valid or effectual as against the judgment creditor; and further, unless the judgment debtor shall, within a time to be mentioned in such order, show to a judge sufficient cause to the contrary, the said order shall, after proof of notice thereof to the judgment debtor, his attorney, or agent, be made absolute: Provided that any such judge shall, upon the application of the judgment debtor or any person interested, have full power to discharge or vary such order.



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