Order 32 FCT (Civil Procedure) Rules 2025

Order 32 of the Federal Capital Territory (FCT) High Court (Civil Procedure) Rules 2025 is about Application for Preservative Orders. It contains the following rules:

1. (1) Whereby in any contract a prima facie case of liability is
   established and there is alleged as a 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
   order that the amount in dispute be brought into Court or
   otherwise secured.
   (2) An application for an order under Rule 1 sub-rule 1 of
   this Order may be made by the claimant at any time after
   his right appears from the pleadings.

2. When an application is made before trial for an injunction
   or other order and at any time before or during the hearing,
   it appears 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
   merits on affidavit or other evidence for the purpose of the
   application, it shall make an order for such trial and such
   other order as the justice of the case may require.

3. The Court may on the application of any party make any
   order for the sale of any goods, wares or merchandise
   which may be of a perishable nature, or likely to injure from
   keeping, or which for any other just and sufficient reasonmay be desirable to sell at once by any person or persons named in such order in the manner and terms as the Court may deem desirable.

4. (1) The Court may upon the application of any party to an
   action or matter and upon such terms as may be just:

(a) Make any order for the detention, preservation or inspection of any property or thing, being the subject of such action or matter or as to which any question may arise therein and for all or any of the purposes.
(b) Authorize any person to enter upon or into any land or building in the possession of any party to such action or matter, and for all or any of the purposes aforesaid.
(c) Authorize any samples to be taken or any observation to be made or experiment to be tried, which may be necessary or expedient
for the purpose of obtaining full information or evidence.

(2) Where an order for the inspection of any property or thing is made on an application under this rule (including an application made before any pleadings have been delivered in the action or matter) it appears that inspection was requested in writing by the application and was not given, then, unless the Court is satisfied that the respondent did not unreasonably fail or refuse to permit
the inspection, the Court shall order the costs to be paid by the respondent in any event and except where the respondent is a “Poor Person”, shall order the cost to be paid.
(3) The judge by whom any action or matter may be heard or tried, may inspect any property or thing concerning which any question may arise.

5. (1) Where any property is in possession of the Court before
   or after judgment and it has remained so for a period of 12
   months, the Court may upon application on notice by any of the parties make an order for the sale of that property and the proceeds to be paid into an interest yielding account in a commercial bank directed by the Court for the benefit of the person that succeeds at the trial or on appeal.
   (2) The money paid after disposal of any goods or chattel shall be withdrawn from the bank by the successful party who shall present to the Chief Registrar a certified true copy of the enrolment of the judgment.

6. Where an action or counterclaim is filed to recover specific
   property and the party from whom such recovery is sought
   does not dispute title but claims to retain the property by
   virtue of a lien or otherwise as security for any sum of
   money, the Court may at the pre-trial conference 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 on 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.
7. Where any real or personal estate or property forms the
   subject of any proceedings and the Court is satisfied that it
   will be more than sufficient to answer all the claims which
   ought to be provided for in such proceedings, the Court
   may at any time after the commencement of the
   proceedings allow the parties interested 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 property or the
   whole or part of the income , up to such time as the Court
   shall direct.

8. In any action or matter in which an injunction has been or
   might have been claimed, the claimant may, before or after
   judgment, 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 relating to the same property or right or arising out of the same contract and the Court may grant the injunction upon or without terms as may be just.

9. In every case in which an application is made for the
   appointment of a receiver by way of equitable execution,
   the Court in determining whether such appointment is just
   or convenient shall have regards to:
   (a) The amount of the debt claimed by the applicant.
   (b) The amount which may probably be obtained by
   the receiver and to the probable costs of his
   appointment and may if it deems fit, direct any
   inquiries on these or other matters before making
   the appointment.
10. (1) Where an order is made directing a receiver to be
    appointed, the person to be appointed shall unless
    otherwise ordered –

(a) Give security, as may be approved by the judge
to duly account for what he shall receive as such
receiver, and to pay the same as the judge shall
direct and
(b) Be allowed a proper salary or allowance.
(2) The security shall be –
(a) By guarantee or by undertaking as in Forms 38 and 39 with such variation as circumstances may require.
(b) Filed in the registry and form part of the record of proceedings until it has been duly vacated.

11. Where an order or judgment has been granted appointing a
    person as a receiver in the course of any proceedings, the
    Court may adjourn the proceedings to allow the person
    named in the order as receiver to give security as provided
    under Rule 10 of this Order and may direct such judgment
    or order to be drawn up.
12. (1) When a receiver is appointed with a direction that he shall pass accounts, the Court shall fix the days upon which he shall (quarterly or at shorter periods) leave and pass such accounts.

(2) The days upon which he shall pay the balances appearing due on the accounts so left, or such part of them as shall be certified as proper to be paid by him.
(3) Any such receiver who neglects to leave and pass his accounts and pay the balances at the time fixed for the purpose, the Court may from time to time when his subsequent accounts are produced to be examined and
passed, disallow the salary claimed by such receiver and may also charge him with interest at a rate not exceeding 25% per annum upon the balances so neglected to be paid by him during the time it appears to have remained in his custody.

13. Receivers’ accounts shall be as in Form 40 with such
    variations as circumstances may require.
14. (1) Every receiver shall deliver to the Registrar his account,
    together with an affidavit verifying the same as in Form 41
    with such variations as circumstances may require.
    (2) An appointment shall be obtained by the claimant or
    person having the conduct of the action for the purpose of
    passing such account.
15. (1) Where any receiver fails to leave any account, affidavit,
    pass such account, or make any payment or otherwise, the
    receiver or the parties or any of them, may be required to
    show cause why such account passed or such payment was
    made or any other proper proceedings taken.
    (2) The judge shall after the parties or the receiver has
    shown cause, give such directions as may be proper,
    including the discharge of a receiver or appointment of
    another receiver and payment of costs.

16. The accounts of guardians shall be passed and verified in
    the same manner as provided in this Order for receiver’s
    accounts.

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