CREDITORS’ REMEDIES ACT 1929

[Consolidated as at 22 February 2006

on the authority of the Administrator

and in accordance with

the Enactments Reprinting Act 1980]

TABLE OF PROVISIONS

 1. Short title

 2. Definition

 3. Plaintiff may in certain cases obtain order for arrest of defendant

 4. Effect of order

 5. Time at which order may be made

 6. Arrest of judgment debtor

 7. Discharge on payment of judgment debt

 8. Application to Court for discharge

9.                   Imprisonment not a satisfaction of debt

Creditors’ Remedies Act 1929

An Act to extend the Remedies of Creditors

Short title

 1. This Act may be cited as the Creditors’ Remedies Act 1929.

Definition

 2. In this Act, unless the contrary intention appears, “the Court” means the Supreme Court of Norfolk Island or the Court of Petty Sessions.

Plaintiff may in certain cases obtain order for arrest of defendant

 3. If a plaintiff in an action shows to the satisfaction of the Court 

  (a) that he has a good cause of action against the defendant to the amount of $20 or upwards;

  (b that the defendant or one or more of the defendants is, with intent to  defeat the plaintiff’s action, about to leave the jurisdiction of the court, and

  (c) that the action will be defeated unless the defendant is forthwith apprehended;

the Court may, if it considers it advisable, order that the defendant or defendants be arrested and held to bail for a sum, to be specified in the order, not exceeding the amount claimed in the action.

Effect of order

 4. An order made under the last preceding section, or a copy thereof signed or purporting to be signed by a Judge or Magistrate, as the case requires, shall be a good and sufficient warrant to any officer of police or to the officer in charge of any gaol for the arrest and detention of the defendant; and the defendant when arrested shall, subject to section 8 of this Act, remain in custody until the determination of the action, unless in the meantime he gives security to the Court that he will satisfy any judgment that may be given against him in the action, or makes deposit of the amount specified in the order to abide the result of the action, in either of which cases he shall be entitled to immediate release.

Time at which order may be made

 5. An order under section 3 of this Act may be made, and the defendant arrested in pursuance thereof, at any time after the commencement of the action and before final judgment therein.

Arrest of judgment debtor

 6. (1) Whenever any judgment creditor shows to the satisfaction of the Court that any judgment or order of the Court for the payment of money remains unsatisfied in whole or in part, and that 

  (a) the debt to which the judgment or order relates was fraudulently contracted; or

  (b) the judgment debtor is concealing any goods, chattels, money, valuable securities, or other property; or

  (c) the judgment debtor has any income, salary, or means whereby he can satisfy the judgment; or

  (d) the judgment debtor is about to remove any of his property or to leave the jurisdiction of the court with intent to evade payment of the judgment debt;

the Court may, if it considers it advisable, make an order that the judgment debtor be apprehended and kept imprisoned for any term not exceeding 6 months.

  (2) An order under this section, or a copy thereof signed or purporting to be signed by a Judge or Magistrate, as the case requires, shall be a good and sufficient warrant to any officer of police or to the officer in charge of any gaol for the arrest and detention of the judgment debtor.

Discharge on payment of judgment debt

 7. Any judgment debtor arrested under the provisions of the last preceding section shall be entitled to his discharge on payment of the amount of the judgment debt, and the gaoler or other officer in charge of the judgment debtor may receive the amount so paid and transmit it to the Court.

Application to Court for discharge

 8. Any person arrested under this Act may apply to the Court for an order of discharge, and the Court may thereupon order the release of the applicant upon such terms and conditions (if any) as it thinks fit, or may call upon the plaintiff to show cause why the applicant should not be released, or may make such other order as it thinks desirable.

Imprisonment not a satisfaction of debt

 9. Imprisonment under this Act shall not operate as a satisfaction of a debt or cause of action.

NOTES

The Creditors’ Remedies Act 1929 as shown in this consolidation comprises Act No. 3 of 1929 and amendments as indicated in the Tables below.

Table of Amendments

© Norfolk Island Government 2006

The Copyright Act 1968 of the Commonwealth of Australia permits certain reproduction and publication of this legislation. For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Legislative Counsel, Administration of Norfolk Island, Norfolk Island, South Pacific 2899.