ORDER 51

RECEIVERS: EQUITABLE EXECUTION

Appointment of receivers by way of equitable execution (O. 51, r. 1)
1. —(1) Where an application is made for the appointment of a receiver by way of equitable execution, the Court in determining whether it is just or convenient that the appointment should be made shall have regard to the amount claimed by the judgment creditor, to the amount likely to be obtained by the receiver and to the probable costs of his appointment and may direct an inquiry on any of these matters or any other matter before making the appointment.

(2) Where on an application for the appointment of a receiver by way of equitable execution it appears to the Court that the judgment creditor is resident outside the scheduled territories, or is acting by order or on behalf of a person so resident, then, unless the permission of the Monetary Authority of Singapore required by the Exchange Control Act (Chapter 99) has been given unconditionally or on conditions that have been complied with, any order for the appointment of a receiver shall direct that the receiver shall pay into Court to the credit of the cause or matter in which he is appointed any balance due from him after deduction of his proper remuneration.

Registrar may appoint receiver, etc. (O. 51, r. 2)
2. Subject to any directions given by the Court under Order 32, Rule 9, the Registrar shall have power to make an order for the appointment of a receiver by way of equitable execution and to grant an injunction if, and only so far as, the injunction is ancillary or incidental to such an order.

Application of Rules as to appointment of receiver, etc. (O. 51, r. 3)
3. —(1) An application for the appointment of a receiver by way of equitable execution may be made in accordance with Order 30, Rule 1, and Rules 2 to 6 of that Order shall apply in relation to a receiver appointed by way of equitable execution as they apply in relation to a receiver appointed for any other purpose.

(2) The summons for the appointment of a receiver must be in Form 107 and an order for the appointment of a receiver by way of equitable execution must be in one of the forms in Form 108.