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s 98

Disobeying judgment is a contempt of court

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Part 5Enforcing non‑monetary judgments
Division 2Other non‑monetary judgments

98 Disobeying judgment is a contempt of court

(1)

If a natural person disobeys a judgment to which this Division applies the person is guilty of a contempt of court.

(2)

If a partnership disobeys a judgment to which this Division applies, each partner is guilty of a contempt of court unless he or she satisfies the court —

(a)

that the partnership’s disobedience occurred without the partner’s consent or connivance; and

(b)

that the partner took all the measures to ensure the partnership obeyed the judgment that he or she could reasonably be expected to have taken having regard to the partner’s functions and to all the circumstances.

(3)

If a corporation disobeys a judgment to which this Division applies, the corporation is guilty of a contempt of court, and each officer of the corporation is also guilty of a contempt of court unless he or she satisfies the court —

(a)

that the corporation’s disobedience occurred without the officer’s consent or connivance; and

(b)

that the officer took all the measures to ensure the corporation obeyed the judgment that he or she could reasonably be expected to have taken having regard to the officer’s functions and to all the circumstances.

(4)

A person entitled to the benefit of a judgment to which this Division applies may request the court to deal with a natural person, partner, corporation or officer guilty of a contempt under this section for the contempt.

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