Part 42
Accounts and Inquiries
Contents of this Part
| Scope of this Part | Rule 42.1 |
| Directions for account | Rule 42.2 |
| Verification of account | Rule 42.3 |
| Notice of omissions | Rule 42.4 |
| Allowance | Rule 42.5 |
| Delay | Rule 42.6 |
| Distribution before entitlement ascertained | Rule 42.7 |
| Guardian's accounts | Rule 42.8 |
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Scope of this Part 42.1 This Part deals with claims for an account or which require the taking of an account.
Directions for account 42.2 (1) An application for an account must be made at the case management conference. (2) The court may - (a) direct that any preliminary issue of fact be tried ; (b) order an account to be taken; (c) order inquiries be made; (d) order that any amount shown to be due to a party on the account be paid by a date specified in the order. (3) Every direction that an account be taken must be so numbered that each distinct account and inquiry may be designated by that number. (4) On directing that an account be taken, or subsequently, the court must direct how it shall be taken or vouched. (5) The court may direct that that any relevant books of account shall be evidence of the matters contained in them, subject to any objections that any party may take.
Verification of account 42.3 (1) When there has been a direction for an account to be taken the accounting party must make out his account and verify it by affidavit exhibiting the account. (2) The items on each side of the account must be numbered consecutively. (3) Unless otherwise directed, the accounting party must file the affidavit and the account and serve a copy on all other parties.
Omissions etc, in account 42.4 Any party who claims that there are omissions or challenges any item in the account shall give notice to the accounting party with (a) the best particulars that he can give of the omission or error; and (b) his grounds for alleging it.
Allowances 42.5 In taking any account all just allowances shall be made.
Delay 42.6 If there is undue delay in taking the account. the court may - (a) require the accounting party, or any other party, to explain the delay; and (b) stay the proceedings; or (c) give directions to expedite the taking of the account; or (d) direct any other party to take over the taking of the account; and (e) make such order for costs as is just.
Distribution before entitlement ascertained 42.7 (1) This rule applies where some but not all of the persons entitled to share in a fund are ascertained and there is likely to be delay in ascertaining the other persons. (2) The court may order immediate payment of their shares to the persons who have been ascertained. (3) The court need not reserve any part of those shares to meet any subsequent costs of ascertaining the other persons.
Guardian's accounts 42.8 The accounts of a person appointed guardian of a minor's estate must be verified and passed in the same manner as receiver's accounts under Part 52. |