Superior Court Rules

ORDER 46

CHARGING ORDERS AND STOP ORDERS

I. Orders charging stocks and shares

1. An application for an order charging stock or shares under section 23 of the Debtors (Ireland) Act, 1840 or section 132 of the Common Law Procedure Amendment Act (Ireland), 1853, shall be made by motion ex parte grounded upon an affidavit. Such order shall in the first instance be an order to show cause, and shall fix a time at which the judgment debtor shall appear before the court or an officer of the court, as such court shall appoint, to show cause why such order should not be made absolute. The order shall be served on the judgment debtor or his solicitor at least seven days before the date fixed for the hearing, in the manner provided by Order 121, or in such other manner as the court may direct. Where the judgment debtor fails to appear or to show cause, the order shall be made absolute. The court may on the application of any person interested, and on such terms as to costs or otherwise as may be just, discharge or vary an order made in accordance with this rule.

[SI 416/07]

2. An application for an order in pursuance of the Common Law Procedure Amendment Act (Ireland), 1853, section 133, for the transfer of stock, funds, securities or shares or the payment of the dividends, interest and annual produce thereof to the sheriff shall be made by motion on notice to the defendant and all persons and companies whose act or consent is thereto necessary.

II. Orders charging interest of partner

3. Every application by a judgment creditor of a partner for an order charging his interest in the partnership property and profits under the Partnership Act, 1890, section 23, and for such other orders as are thereby authorised to be made, shall be by motion served on the judgment debtor and on such other of the partners as shall be within the jurisdiction, and such service shall be good service on all the partners, and all orders made on such motion shall be similarly served.

4. Every application which shall be made by any partner of the judgment debtor under the enactment mentioned in rule 3 shall be made by motion served on the judgment creditor and judgment debtor and on such of the other partners as shall not concur in the application and as shall be within the jurisdiction, and such service shall be good service on all the partners, and all orders made on such motion shall be similarly served.

III. Notice to restrain transfer of stock

5. In this part of this Order the expression ‘company’ means any body corporate (including a company, public or private) incorporated or having a register within the jurisdiction, and the expression ‘stock’ includes any shares, securities, and any dividends (including interest and bonuses) thereon.

6. Any person claiming to be interested in any stock standing in the books or inscribed in the register (within the jurisdiction) of a company may, on an affidavit by himself or his solicitor in the Form No. 27 in Appendix C, and on filing the same in the Central Office with a notice in the Form No. 28 in Appendix C, and on procuring an attested copy of the affidavit and a duplicate of the filed notice authenticated by the seal of the High Court, serve the attested copy and duplicate notice on the company.

7. There shall be appended to the affidavit a note stating the person on whose behalf it is filed, and to what address notices (if any) for that person are to be sent.

8. All such notices shall be deemed to have been duly sent, if sent through the post by a prepaid letter directed to that person at the address so stated, or at any such substituted address as hereinafter mentioned, whether the person to whom the notice is sent be living or not.

9. The address so stated may, from time to time, be altered by the person by whom or on whose behalf the affidavit is filed, but no notice sent by post before the alteration to the address originally given or for the time being substituted therefor shall be affected by any subsequent alteration. Any such alteration or address may be made by service of a memorandum thereof on the company in the manner required for service of a notice under this Order.

10. From and after the service of the attested copy of the affidavit and of the duplicate of the filed notice, it shall not be lawful for the company to permit the stock specified in the notice to be transferred, nor, if the notice is expressed to be intended to stop the receipt of dividends, to pay the dividends on the stock so specified, so long as the notice shall remain operative.

11. A notice filed under rule 6 may at any time be withdrawn by the person by whom or on whose behalf it was given on a written request signed by him, or its operation may be made to cease by an order to be obtained by motion on notice duly served by any other person claiming to be interested in the stock sought to be affected by the notice.

12. If, while a notice filed under rule 6 continues in force, the company on whom it is served receives from the person in whose name the stock specified in the notice is standing or inscribed, or from some person acting on his behalf or representing him, a request to permit the stock to be transferred or to pay the dividends thereon, the company shall not, by force or in consequence of the service of the notice, be authorised, without the order of the court, to refuse to permit the transfer to be made or to withhold the payment of the dividends for more than eight days after the date of the request.

13. If the person who files a notice under rule 6 wishes to correct the description of the stock specified in the filed notice, he may file an amended notice and serve on the company a duplicate thereof, sealed with the seal of the High Court, and in that case the service of the notice shall be deemed to have been made on the day on which the amended duplicate is so served.

IV. Stop orders

14. Any person having any derivative interest (whether by way of assignment or charge or lien or otherwise) in any funds or securities standing in court (or directed to be brought into court) may apply to the court for an order (hereinafter called a ‘stop order’) to stay the transfer, sale, payment out or other disposition of the funds or securities without notice to the applicant, and the court on being satisfied that it is just and equitable to grant the relief sought to the applicant may make a stop order.

15. A stop order may be made on an ex parte application whenever the court shall be of opinion that there is not any person interested in the funds or securities who ought as of right to have notice of the application.

16. A certificate of funds shall be produced on every application for the stop order and the application shall be supported by an affidavit sufficiently setting out the interest of the applicant and verifying the execution of the instrument (if any) relied upon as establishing the interest of the applicant.

17. The applicant for a stop order shall not be entitled to any costs, unless the court in its discretion shall award costs.

18. The court may, in its discretion make an order directing an applicant to indemnify, in a sum to be specified in the order, any person who shall satisfy the court that he has incurred costs or expenses, by reason of a stop order made at the instance of the applicant.

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