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s 29

Means inquiry, summons to attend

In force
Part 4Enforcing monetary judgments
Division 2Means inquiry

29 Means inquiry, summons to attend

(1)

In respect of each person named in an application under section 27(3), or in a request under section 28(5), or in a request made under subsection (2), the court may issue either or both of the following, according to the application or request —

(a)

a summons to attend a means inquiry to give oral evidence;

(b)

a summons to attend and produce to the court, for use in the inquiry, any record or thing that is or may relate to the matters listed in section 26 and that is detailed in the summons.

(2)

During a means inquiry the judgment creditor or judgment debtor may request the court to summons a person to the inquiry to give or produce evidence.

(3)

A summons issued under subsection (1) must be served personally.

(4)

If a person who has been summoned under subsection (1) does not attend as ordered by the summons, the court may issue a warrant to have the person arrested and brought before the court.

(5)

A person who has been summoned under subsection (1) and who, without a reasonable excuse —

(a)

does not obey the summons; or

(b)

refuses to be sworn or answer any lawful question,

is guilty of a contempt of court.

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