Versions

 

59. Exceptional disbursements

(1) Upon application by the enforcement agent with the consent of the creditor in accordance with rules of court, the Court may order that the enforcement agent may recover from the debtor exceptional disbursements associated with the use of the Schedule 1 procedure which are not otherwise recoverable under these Rules.
(2) The Court may not make an order under paragraph (1) unless satisfied that the disbursements to which it relates are necessary for effective enforcement of the sum to be recovered, having regard to all the circumstances including —
(a) the amount of that sum; and
(b) the nature and value of the goods which have been taken into control, or which it is sought to take into control.