CIVIL JUDGMENTS ENFORCEMENT ACT 2004 - SECT 90
CIVIL JUDGMENTS ENFORCEMENT ACT 2004 - SECT 90
90 . Default inquiry, nature of
(1) If at a default
inquiry a court is satisfied —
(a) in
the case of an alleged disobedience of a time for payment order — that
the judgment debtor, at the time the judgment debt was to be paid under the
order —
(i)
had the means to pay the judgment debt but did not pay
it; and
(ii)
did not have a reasonable excuse for not paying the
judgment debt;
(b) in
the case of an alleged disobedience of an instalment order — that in the
case of each of 2 or more of the instalments that were required to be paid
under the order, the judgment debtor, at the time the instalment was to be
paid under the order —
(i)
had the means to pay the instalment but did not pay it;
and
(ii)
did not have a reasonable excuse for not paying the
instalment,
then —
(c) if
the judgment debtor is a natural person — he or she is guilty of a
contempt of court;
(d) if
the judgment debtor is a partnership — each partner is guilty of a
contempt of court unless he or she satisfies the court —
(i)
that the partnership’s disobedience occurred
without the partner’s consent or connivance; and
(ii)
that the partner took all the measures to ensure the
partnership obeyed the order that he or she could reasonably be expected to
have taken having regard to the partner’s functions and to all the
circumstances;
(e) if
the judgment debtor is a corporation, 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 —
(i)
that the corporation’s disobedience occurred
without the officer’s consent or connivance; and
(ii)
that the officer took all the measures to ensure the
corporation obeyed the order that he or she could reasonably be expected to
have taken having regard to the officer’s functions and to all the
circumstances.
(2) A natural person,
partner, corporation or officer guilty of a contempt under subsection (1) may
be punished for it by the court at or after the default inquiry.
(3) A court may punish
a person guilty of a contempt under subsection (1) in any way it may punish a
person for any other contempt of the court, but any period of imprisonment
imposed must not be longer than 40 days.
(4) If a court decides
to imprison a person guilty of a contempt under subsection (1), the court may
order that the order for the person’s imprisonment be suspended for such
period and on such terms as the court orders to enable the judgment debtor to
comply with —
(a) a
new time for payment order made by the court; or
(b) the
instalment order, or an amended or new instalment order made by the court.
(5) If —
(a) an
order for a person’s imprisonment is suspended under subsection (4); and
(b) the
judgment debtor does not comply with the order referred to in subsection
(4)(a) or (b), as the case requires,
the court, on the
application of the judgment creditor and on proof of the non-compliance, may
issue a warrant for the arrest of the person and for his or her imprisonment
in accordance with the suspended order.
(6) A punishment
imposed on a person under this section for a contempt of court does not
—
(a)
extinguish or reduce the judgment debt; or
(b)
terminate an instalment order, unless the court orders otherwise.
(7) Any person who
under section 30(6) may appear on behalf of a judgment creditor at a means
inquiry in the Magistrates Court may appear on behalf of a judgment creditor
at a default inquiry in that court.
[Section 90 amended: No. 5 of 2008 s. 11.]