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45.1 This Part deals with the examination of a judgment debtor to obtain information to enforce that judgment. Such an examination is called an "oral examination".

45.2 The following persons may be ordered to attend an oral examination -

(a) the judgment debtor; or

(b) an officer or former officer of a judgment debtor which is a body corporate (including a limited company).

45.3 (1) An application for an order that a person attend an

oral examination may be made without notice.

(2) Where permission is required to enforce the judgment a copy of

the permission must be attached to the application.

(3) Where the application for the order is against an officer of a

body corporate the application must be supported by evidence

showing that the person to be orally examined is such an officer.

(4) Where the person to be examined is to be ordered to produce

any books or documents the application must identify the books

and documents to be produced.

45.4 (1) The order must state the date time and place of the

examination.

(2) The order must specify the books or documents (if

any) which the person to be examined must produce.

(3) The order must be served personally on the person to

be examined at least 7 days before the date fixed for

the examination.

45.5 (1) The examination may take place before an officer of the

court authorised by the Chief Justice.

(2) The examination must be on oath or affirmation.

(3) If the person to be examined refuses to be sworn or affirm or to answer any question the officer of the court may adjourn the examination to a judge.

(4) at least 7 days notice of the adjourned examination must be served personally on the person to be examined.

(5) The statement made by the person examined shall be taken down, read to him and he shall be asked to sign it.

(6) If the person examined refuses to sign the statement it must be signed by the person conducting the examination and certified to be a true record of the examination.

45.6 (1) Where the judgment to be enforced is a money judgment, the

court office may issue, in addition to or in place of an

order for an oral examination, a financial position notice requiring a judgment debtor -

(a) to complete a statement of his financial position in the practice form and serve it on the judgment creditor within 14 days of service; and

(b) to attend before the court on the oral examination.

(2) If the judgment creditor is satisfied with the information

provided by the judgment creditor he may notify the judgment debtor and the court in writing.

(3) The court office must then notify the judgment debtor that he need not then attend the examination.

(4) If the judgment debtor is a body corporate, the financial

position summons must require an officer of the body

corporate to comply with paragraph (1)(a).