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.