If you have received an Order of Examination of Enforcement Respondent, it means:
You will be known as the enforcement respondent.
To respond to the Order of Examination of Enforcement Respondent, you will need to provide answers and supporting documents to the questionnaire served together with the Order.
Some examples of supporting documents you may have to provide include:
You will then need to serve the completed questionnaire and a copy of the supporting documents to the enforcement applicant or their lawyers (if any) personally or by post.
The enforcement applicant’s address, or name and address of the enforcement applicant’s lawyers, may be found in the letter enclosed with the questionnaire that was sent to you.
If you are of the view that any question is unreasonable, you may contact the enforcement applicant or their lawyer to find out whether the issue can be resolved prior to the examination hearing.
If the enforcement applicant or their lawyers are satisfied with your answers to the questionnaire and the supporting documents, they may apply for the Order of the Examination of Enforcement Respondent to be discharged.
If the enforcement applicant or their lawyers are not satisfied with your answers to the questionnaire or the supporting documents, you will have to attend court with the enforcement applicant for an examination hearing at the date and time stated in the Order for Examination of Enforcement Respondent.
Alternatively, you may also choose to be examined at the hearing instead.
The examination of enforcement respondent hearing will be conducted before a court officer called a deputy registrar (for District Court and Magistrate's Court cases) or an assistant registrar (for General Division of the High Court cases) in chambers.
In general, you must attend the examination hearing unless both the following conditions are met:
You also do not have to attend the examination hearing if one of the following happens:
If you do not attend the examination hearing without valid reasons, the enforcement applicant may start committal proceedings against you.
You should bring the following documents to the hearing:
During the hearing, the enforcement applicant or their lawyers may examine you in relation to the answers in the questionnaire and supporting documents you have provided to them. You will have to answer their questions under oath and produce the necessary documents when required.
After the examination is completed, the enforcement applicant or their lawyers may then apply to discharge the Order of the Examination of Enforcement Respondent.
Legislation associated with this topic includes Order 22 of the Rules of Court 2021