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RESTRAINT OF DEBTORS ACT 1984 - SECT 17

RESTRAINT OF DEBTORS ACT 1984 - SECT 17

17 .         Application for restraining order

        (1)         Subject to this Act, a person may, at any time, apply for an order restraining —

            (a)         the transfer of any of the property of a debtor that is situated in the State; or

            (b)         the removal from the State of any of the property of a debtor that is situated in the State.

        (2)         An application under subsection (1) may be made —

            (a)         where proceedings in respect of the alleged debt to which the application relates have been commenced in any court referred to in section 6(3), to that court;

            (b)         in any other case, to any such court in which proceedings might be commenced in respect of the alleged debt to which the application relates.

        (3)         An application under subsection (1) shall be —

            (a)         in the prescribed form; and

            (b)         supported by an affidavit —

                  (i)         as to all material matters in relation to which the court to which the application is made is required by section 19(2) to be satisfied before making an order under section 19(1);

                  (ii)         as to whether any previous application has been made under section 5 or this section in respect of the same debtor in relation to the same debt;

                  (iii)         as to whether any other application has, within the period of one year last preceding the making of the application for which the affidavit is required, been made under section 5 or this section in respect of the same debtor in relation to any other debt; and

                  (iv)         where any application as referred to in subparagraph (iii) has been made, setting out details of the debt concerned, the outcome of the application, and such other particulars, if any, as may be prescribed.