Western Australian Current Regulations Western Australian Current Regulations (1) In this
regulation —
prescribed rate means the rate of interest
prescribed under regulation 4(1).
(2) If the receiver
fails —
(a) to
file an account or affidavit; or
(b) to
attend for the passing of any account of the receiver; or
(c) to
make any payment; or
(d) to
perform any duty,
the receiver may be
required on a summons taken out by the judgment creditor or the judgment
debtor, to attend before the court in which the receiver was appointed to show
cause for the failure.
(3) The court may give
such directions as it thinks proper including, if necessary —
(a) the
discharge of the receiver; and
(b) the
appointment of another receiver; and
(c) the
payment of costs.
(4) Without limiting
subregulation (3), if a receiver fails —
(a) to
attend for the passing of any account of the receiver;
(b) to
file any account;
(c) to
pay to the judgment creditor on the date fixed by the court any sum shown by
the receiver’s account as due from the receiver,
the court
may —
(d)
disallow any remuneration claimed by the receiver in any subsequent account;
and
(e) if
the receiver has failed to pay any sum to the judgment creditor, charge the
receiver with interest at the prescribed rate on that sum while in the
receiver’s possession as receiver.