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High Court sets aside a Circuit Court order and confirms that judgment creditors are entitled to examine company directors and seek discovery to aid in the execution of monetary judgments, on the grounds that the absence of explicit provisions in the Circuit Court Rules for such examinations does not preclude reliance on the Rules of the Superior Courts for this purpose; and there was no sufficient explanation for the delay in satisfying the judgment debt by the defendant company's directors.
High Court - Circuit Court - judgment creditor - examination and discovery - execution of monetary judgment - Rules of the Superior Courts (RSC) - Circuit Court Rules (CCR) - statutory interpretation - debtor examination - company directors - ancillary powers - procedural rules - judgment debt - defamation action - delay in execution - costs of application - privacy of proceedings.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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