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Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 7 August 2020 at 19:47)
Division 1 General
46.1 Application of Part
(cf SCR Part 49, rule 1)
(1) This Part applies to accounts, inquiries and other matters under an order in the same way as it applies to accounts, inquiries and other matters under a judgment.(2) In the application of this Part to accounts, inquiries and other matters under an order—(a) references in this Part to a judgment extend to an order, and(b) references in this Part to the giving of judgment extend to the making of an order.
46.2 Account: summary order
(cf SCR Part 48, rule 1)
(1) If a party claims an account or makes a claim which involves taking an account, the court may, on application by that party at any stage of the proceedings—(a) order that an account be taken, and(b) order that any amount certified on taking the account to be due to any party be paid to him or her.(2) The court may not make an order under subrule (1)(a)—(a) against a defendant who has not filed an appearance, unless he or she is in default of appearance, or(b) if it appears that there is some preliminary question to be determined.
46.3 Account or inquiry at any stage
(cf SCR Part 48, rule 2)
The court may make orders for the taking of any account or the making of any inquiry.
46.4 Account: directions
(cf SCR Part 48, rule 3)
If the court makes an order for the taking of an account, the court, by the same or a subsequent order—(a) may give directions concerning the manner of taking or vouching the account, and(b) without limiting paragraph (a), may direct that in taking the account the relevant books of account are taken to be evidence of the matters contained in them.
46.5 Account: form and verification
(cf SCR Part 48, rule 4)
(1) The items on each side of an account must be numbered consecutively.(2) Unless the court otherwise orders, an accounting party must verify his or her account by affidavit and the account must be made an exhibit to the affidavit.
46.6 Account: filing and service
(cf SCR Part 48, rule 5)
Unless the court otherwise orders, an accounting party must file his or her account and verifying affidavit.
46.7 Account: notice of charge or error
(cf SCR Part 48, rule 6)
(1) If a party seeks to charge an accounting party with an amount beyond that in respect of which the accounting party by his or her account admits receipt, he or she must give to the accounting party notice of the charge, stating, so far as he or she is able, the amount that he or she seeks to charge, with brief particulars.(2) If a party alleges that any item in the account of an accounting party is erroneous in amount or otherwise, he or she must give to the accounting party notice of the allegation, stating the grounds for alleging the error.
46.8 Account: allowances
(cf SCR Part 48, rule 7)
In taking an account under a judgment, all just allowances must be made.
(cf SCR Part 48, rule 8)
If it appears to the court that there is delay in the prosecution of any account, inquiry or other matter under a judgment, the court may make such orders as it thinks fit for staying or expediting the proceedings or for the conduct of the proceedings.