Application where person fails to comply with order
41.08 Application where person fails to comply with order
If a person fails to comply with an order that the person is bound to comply with a party may apply to the Court for the following orders:
the committal of the person;
the sequestration of the person’s property.
If the person in default is a corporation or an organisation, a party may apply to the Court for an order:
for the committal of an officer of the corporation or organisation; or
for the sequestration of the property of the corporation or organisation.
However, no application may be made for an order under paragraph (2)(a) unless the officer:
has been served with the order in accordance with rule 41.07(1), and the order carries the endorsement in rule 41.06; or
was present when the order was made or was notified of the order in accordance with rule 41.07(2).
This rule applies if the Court has made:
an injunction; or
an order in the nature of an injunction; or
an order in the nature of mandamus or prohibition.
Contempt is dealt with in Part 42.
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