18 Jan 2002
TKSF v. TKSF
- Citation
- TKSF v. TKSF
- Court
- Court of Appeal
- Case number
- CACV2760/2001
Where a judgment creditor is properly represented by counsel or solicitor and there is no statutory requirement for personal attendance, a judgment summons should not be dismissed for absence of the creditor; on non-attendance of the judgment debtor the court ought to adjourn or consider committal under Rule 87(5)(b),(c); accordingly the dismissals were erroneous, must be set aside, and the summonses restored with costs to the petitioners.