Acts and Regulations

Rule-57 - ACCOUNTS

Table of contents
Full text
Current to 1 January 2024
REFERENCES
RULE 57
ACCOUNTS
57.01Summary Order for Account
Where a claim in a proceeding is for an account or involves taking an account, a party may apply at any time for an order to have accounts taken.
57.02Order of the Court
(1)On the hearing of an application under this rule the court, notwithstanding that other relief is sought or some other issue is to be tried, may
(a) determine any preliminary question,
(b) direct an account to be taken,
(c) appoint a referee to take or inquire into an account, pursuant to Rule 56,
(d) give directions as to the manner in which an account is to be taken or verified, and direct that any relevant book of account be evidence of the truth of any matter contained therein,
(e) permit a party to be examined on discovery, and
(f) direct any voucher to be produced at a convenient place and time for inspection and copying by an opposite party.
(2)Where there has been undue delay in the taking of an account or in the conduct of an inquiry, the court may require the party or person involved to explain the delay, and may make an appropriate order, which may include an order for payment of costs.
(3)Where difficulty or delay has occurred or is likely to occur in ascertaining whether a person is entitled to share in a fund, the court may order the payment of any ascertained share.
(4)Where, on the taking of an account, an amount is found to be due to a party, the court may order that it be paid to him within a specified time.
57.03Preparation of Accounts
(1)Where the court orders that an account be taken, the accounting party shall, unless it is ordered otherwise
(a) prepare his account,
(b) verify the account by affidavit,
(c) number the items consecutively on both the debit and credit sides of the account, and
(d) file the account and affidavit with the clerk and serve a copy on each other party.
(2)Where vouchers are filed, they shall be numbered to correspond with the items in the account.
57.04Notice of Dispute
Where a party disputes an item of an account he shall serve each party with notice thereof and the grounds for his dispute.