ORDER 51

RECEIVERS EQUITABLE EXECUTION

Appointment of Receiver by Way of Equitable Execution

1. (1) Where an application is made for the appointment of a receiver by way of equitable execution, the Court in determining whether it is just or convenient that the appointment should be made shall have regard to the amount claimed by the judgment creditor, to the amount likely to be obtained by the receiver and to the probable costs of his appointment and may direct an inquiry on any of these matters or any other matter before making the appointment.

(2) Where on an application for the appointment of a receiver by way of equitable execution it appears to the Court that the judgment creditor is a non-resident as defined in section 2(1) of the Exchange Control Act 1970, or is acting by order or on behalf of such a person so resident, then, unless the permission of the Central Bank required by the Exchange Control Act, 1970, has been given unconditionally or on conditions that have been complied with, any order for the appointment of a receiver shall direct that the receiver shall pay into court to the credit of the cause or matter in which he is appointed any balance due from him after deduction of his proper remuneration.

Application of Rules as to Appointment of Receiver, etc.

2. An application for the appointment of a receiver by way of equitable execution my be made in accordance with Order 30, rule 1, and rules 2 to 6 of that Order shall apply in relation to a receiver appointed by way of equitable execution as they apply in relation to a receiver appointed for any other purpose.