Rules of the Supreme Court, 1986

Power to grant contempt order

5 3.01. The power of the Court to punish for contempt of Court may be exercised by a contempt order, which may be granted by the Court, upon notice under rule 53.02 or upon order under rule 53.03.

1986 c42 Sch D rule 53.01

Application for leave to apply for a contempt order

53.02. (1) An application shall not be made to the Court for a contempt order unless the Court on an ex parte application first grants leave to make the application.

(2) An application for an order granting leave under rule 53.02(1) shall be supported by an affidavit setting out

(a) the name, address and description of applicant;

(b) the name, address and description of the person sought to be committed; and

(3) On the hearing of an application under rule 53.02(1), the Court may

(a) order the application for a contempt order and any supporting affidavit to be served upon any person sought to be committed at least five days before the hearing, or as the Court otherwise orders;

(b) dispense with service on any person of the application and any supporting affidavit; or

(c) order service of the application and any supporting affidavit to be made by alternative service in accordance with rule 6.03 or substituted service in accordance with rule 6.04.

(4) Unless the Court otherwise orders, an order granting leave under rule 53.02(1) shall lapse unless the application is personally served upon any person sought to be committed within twenty days from the date of the granting of the order.

(5) A refusal of the Court to grant leave under rule 53.02(1) shall not prevent an applicant from subsequently making a fresh application to the Court for such order.

1986 c42 Sch D rule 53.02; 9/03 s9

Power of court to order person to appear in court

53.03. The Court may, on its own motion or on application, make an order in Form 53.03A directing the sheriff to cause any person to appear before the Court to show cause why that person should not be held in contempt of court and, if required, to perform or abide by such order as the Court may make, and the sheriff shall have power to take the person into custody and to hold the person if required by the order.

1986 c42 Sch D rule 53.03

Hearing of an application for a contempt order

53.04. (1) The Court shall hear an application for a contempt order in open court unless

(a) the application arises out of a proceeding

(i) relating to a minor or mentally incompetent person, or

(ii) in which a secret process, discovery or invention is in issue; or

(b) it appears to the Court, that in the interest of the administration of justice or for reasons of public security, the application should be heard in private.

(2) A person sought to be committed shall be entitled to give oral evidence on the hearing of an application for a contempt order.

1986 c42 Sch D rule 53.04

The contempt order

53.05. (1) The Court may make a contempt order in Form 53.04A which may order that

(a) a person cited for contempt be imprisoned as ordered or until further order;

(b) when a person cited for contempt fails to comply with any term or condition in an order, that person be imprisoned as ordered therein;

(c) the sheriff enter upon and take possession of any property of a person cited for contempt and receive and collect the rents, profits or income thereof until the person shall clear the contempt by complying with the terms of the order;

(d) a person cited for contempt pay a fine, give security for good behaviour, pay such costs and expenses or comply with such other order as the Court may grant;

(e) when a person cited for contempt is a party to a proceeding

(i) that person's pleading, or any part thereof, be struck out,

(ii) the proceeding be stayed or dismissed, or judgment entered against that person, or

(iii) that person be prohibited from introducing into evidence any designated document, thing or testimony; or

(f) a person cited for contempt do or refrain from doing any other act as the Court thinks just.

(2) The Court may order the execution of a contempt order to be modified or suspended for such period or on such terms or conditions as it thinks just and, unless the Court otherwise orders, a copy of the order shall forthwith be served by the applicant on any person affected by it.

(3) When a person, pursuant to a contempt order, has been detained in custody or that person's property taken thereunder and that person continues to disobey the terms of the order, the Court may make a further contempt order upon such terms as it thinks just.

(4) Where a person cannot be served with a contempt order because that person is out of the jurisdiction or cannot be found by the sheriff after exercising due diligence, the Court may, on an ex parte application, issue a contempt order against the property of the person and the sheriff may execute the order in the absence of the person.

1986 c42 Sch D rule 53.05; 33/11 s1

Contempt by a body corporate

53.06. Where a body corporate is guilty of a contempt of court

(a) it may be fined by the Court, and the fine may be imposed in addition to any other punishment that may be imposed for contempt; or

(b) a contempt order may also be made against any officer, director, employee or agent of the body corporate who directed, authorized, assented to, acquiesced or participated in the contempt.

1986 c42 Sch D rule 53.06

Contempt by a person not a party

53.07. Any person not a party, who is subject to an order and disobeys it, or who commits any other contempt, is subject to the same punishment for contempt as if that person were a party.

1986 c42 Sch D rule 53.07

Variation of contempt order

53.08. The Court may, on the application of any person committed to prison under a contempt order, and on such terms as it thinks just,

(a) modify the contempt order;

(b) limit the term of imprisonment or discharge the committed person;

(d) grant such other relief or make such other order as the Court thinks just.

1986 c42 Sch D rule 53.08

	Table of Regulations	Main Site	How current is this regulation?