Rules of the Superior CourtsInterlocutory orders
The below amendment(s) have been made to this instrument which can be viewed by clicking on the link(s):
No50-S.I. No. 2 Of 2011: Rules Of The Superior Courts (Examiner) 2011
I. Interlocutory orders.
1. When by any contract a prima facie case of liability is established, and there is alleged as matter of defence a right to be relieved wholly or partially from such liability, the Court may make an order for the preservation or interim custody of the subject-matter of the litigation, or may order that the amount in dispute be brought into Court of otherwise secured.
2. Whenever an application shall be made before trial for an injunction or other order, and on the opening of such application, or at any time during the hearing thereof, it shall appear to the Court that the matter in controversy in the cause or matter is one which can be most conveniently dealt with by an early trial, without first going into the whole merits on affidavit or other evidence for the purposes of the application, the Court may make an order for such trial accordingly, and in the meantime make such order as the justice of the case may require.
3. The Court on the application of any party to a cause or matter, may make any order for the sale, by any person or persons named in such order, and in such manner, and on such terms as the Court may think desirable, of any goods, wares, or merchandise which may be of a perishable nature or liable to injury from keeping, or which for any other just and sufficient reason it may be desirable to have sold at once.
4. The Court, upon the application of any party to a cause or matter, and upon such terms as may be just, may make any order for the detention, preservation, or inspection of any property or thing, being the subject of such cause or matter, or as to which any question may arise therein, and for all or any of the purposes aforesaid may authorise any person to enter upon or into any land or building in the possession of any party to such cause or matter and for all or any of the purposes aforesaid may authorise any samples to be taken or any observations to be made or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence.
5. The Court, by which any cause or matter may be heard or tried with or without a jury, or before which any cause or matter may be brought by way of appeal, may inspect any property or thing concerning which any question may arise therein.
6. (1) The Court may grant a mandamus or an injunction or appoint a receiver, by an interlocutory order in all cases in which it appears to the Court to be just or convenient so to do.
(2) Any such order may be made either unconditionally or upon such terms and conditions as the Court thinks just.
(3) An injunction to prevent any threatened or apprehended waste or trespass may at any time be granted, if the Court thinks fit, whether the person against whom the injunction is sought is, or is not, in possession under any claim of title or otherwise, or (if out of possession) does or does not claim a right to do the act sought to be restrained under any colour of title, and whether the estates claimed by both or by either of the parties are legal or equitable.
7. An application for an order under rules 3, 4 or 6 may be made to the Court by any party. If the application be by the plaintiff for an order under rule 6 it may be made either ex parte or on notice, and if for an order under rules 3 or 4 it may be made on notice to the defendant at any time after the issue of the summons, and if it be by any other party, then on notice to the plaintiff, and at any time after appearance by the party making the application, provided that, where the exigencies of the case require it, any such application may be made ex parte.
8. An application for an order under rule 1 may be made by the plaintiff at any time after his right thereto appears from the pleadings or, if there be no pleadings, is made to appear by affidavit or otherwise to the satisfaction of the Court.
9. Where an action is brought to recover, or a defendant in his defence seeks by way of counterclaim to recover, specific property other than land, and the party from whom such recovery is sought does not dispute the title of the party seeking to recover the same, but claims to retain the property by virtue of a lien or otherwise as security for any sum of money, the Court may, at any time after such last mentioned claim appears from the pleadings, or, if there be no pleadings, by affidavit or otherwise to the satisfaction of the Court, order that the party claiming to recover the property be at liberty to pay into Court to abide the event of the action, the amount of money in respect of which the lien or security is claimed, and such further sum (if any) for interest and costs as the Court may direct, and that, upon such payment into Court being made, the property claimed be given up to the party claiming it.
10. Where any real or personal estate forms the subject of any proceedings, and the Court is satisfied that the same will be more than sufficient to answer all the claims thereon which ought to be provided for in such proceedings, the Court may, at any time after the commencement of the proceedings, allow to the parties interested therein, or any one or more of them, the whole or part of the annual income of the real estate, or a part of the personal estate, or the whole or part of the income thereof, up to such time as the Court shall direct.
11. Whenever in an action for the administration of the estate of a deceased person or execution of the trusts of a written instrument, a sale is ordered of any property vested in any executor, administrator, or trustee, the conduct of such sale shall be given to such executor, administrator, or trustee, unless the Court shall otherwise direct.
12. In any cause or matter in which an injunction has been or might have been claimed, the plaintiff may, before or after judgement, apply for an injunction to restrain the defendant or respondent from the repetition or continuance of the wrongful act or breach of contract complained of, or from the commission of any injury or breach of contract of a like kind relating to the same property or right, or arising out of the same contract; and the Court may grant the injunction, either upon or without terms, as may be just.
13. Leave to compound a penal action shall not be given in cases where part of the penalty goes to the State unless notice shall first have been given to the Chief State Solicitor.
14. The order to compound a penal action shall expressly state that the defendant undertakes to pay the sum for which the Court has given him leave to compound the action.
15. When leave is given to compound a penal action, where part of the penalty goes to the State, the State's part of the composition shall be paid to the Master to be disposed of for the benefit of the Exchequer.
II. Receivers and administrators pendente lite.
16. (1) Save as otherwise provided in this rule, where an order is made directing a receiver or an administrator pendente lite to be appointed, unless otherwise ordered the person to be appointed shall first give security duly to account for what he shall receive as such receiver, or administrator, and to pay the same as the Court shall direct; and the person so to be appointed, may be allowed a proper salary or allowance.
(2) Unless the Court otherwise orders, a receiver or administrator pendente lite shall give security by entering into a bond in the Form No. 22 in Appendix G, with two or more sufficient sureties in such sum as the Court may approve, and the Court may accept the security of any company carrying on business in Ireland and having power to enter into guaranties in lieu of the security of such sureties as aforesaid or of any of them.
(3) Where the amount for which security is to be given does not exceed £500 such security may be given by an undertaking in the Form No. 23 in Appendix G. Such undertaking shall be signed by the receiver and his surety or sureties, or, in the case of a guarantee or other company, shall be sealed with the seal of such company or otherwise duly executed. The undertaking shall be filed in the Central Office and kept as of record until the same shall have been duly vacated.
17. Where any judgement or order is pronounced or made in Court appointing a person therein named to be receiver or administrator pendente lite, the Court may adjourn the cause or matter then pending, in order that the person named as receiver or administrator may give security as in rule 16 mentioned, and may thereupon direct such judgement or order to be drawn up.
18. When a receiver or administrator pendente lite is appointed with a direction that he shall pass accounts, the Court shall fix the days or times at which he shall leave and pass such accounts, and also the days upon or times at which he shall pay the balances appearing due on the accounts so left, or such part thereof as shall be certified as proper to be paid by him; and with respect to any such receiver or administrator as shall neglect to leave and pass his accounts and pay the balances thereof at the times so to be fixed for that purpose as aforesaid, the Court before whom any such receiver or administrator is to account may from time to time, when his subsequent accounts are produced to be examined and passed, disallow the salary or allowance therein claimed by such receiver or administrator, and may also, if it shall think fit, charge him with interest not exceeding the rate of five per cent per annum upon the balances so neglected to be paid by him during the time the same shall appear to have remained in the hands of any such receiver or administrator.
19. A receiver's account shall be in the Form No. 20 in Appendix G.
20. A receiver in any proceeding assigned to a Judge pursuant to the provisions of Order 5, rule 4, shall leave in the Examiner's Office his account and shall file in the Central Office an affidavit verifying the same in the Form No. 24 in Appendix G. An appointment shall thereupon be obtained by the plaintiff or person having the conduct of the cause or by the receiver for the purpose of passing such account.
21. In case of any receiver failing to leave any account or to file an affidavit verifying same or to pass such account, or to make any payment, or otherwise, the receiver or the parties, or any of them may be required to attend in Court to show why such account has not been left or such affidavit filed or such account passed, or such payment made, or any other proper proceeding taken and thereupon such directions as shall be proper may be given including the discharge of any receiver and appointment of another, and payment of costs.
22. On the appointment of a receiver over landed property by the Court, a rental shall be furnished to the receiver by the solicitor having carriage of the order, and the Court shall have power to make such orders as to the furnishing of rentals or particulars of tenancies as may be considered necessary.
23. The Court shall have power to require a tenant to produce the lease, agreement, or other instrument under which he claims, to such person as may be considered entitled thereto, including the receiver.
24. The receiver shall be at liberty, without any direction, to pay all ordinary out going such as head-rent, tithe-rent-charge, rates, taxes, and charges due for public works or drainage; all other payments shall be made only under the direction of the Court.
25. When a receiver or administrator pendente lite has given security pursuant to the direction in the order appointing him, the bond shall be filed in the Central Office and kept as of record until the same shall have been duly vacated, and the proper officer in the Central Office shall indorse on the order appointing him a certificate that the bond has been filed.
26. The accounts of guardians shall be passed and verified in the same manner as is by this Order directed as to receivers' accounts.
27. Rules 24 and 25 shall apply to guardians.