Nallini Pathmanathan FCJ:

Introduction

[1] Two questions of law arose for consideration before us in this appeal:

(a) Whether on a true construction of O 52 r 2B of the Rules of 2012, prior notice to show cause is to be given to a proposed contemnor before the filing of an ex parte leave application under O 52 r 3 of the Rules of 2012; and

(b) Whether on a true construction of O 52 r 2B of the Rules of 2012, the notice to show cause referred to in O 52 r 2B, means the documents referred to in O 52 r 4(3) of the Rules of 2012.

Background

[2] On 30 September 2019 the Court of Appeal set aside the motion to commence committal proceedings brought by the appellant against the respondent, for failure of the respondent to comply with a conditional stay order dated 21 February 2019. The condition imposed for the stay was that the status quo of the assets relating to a pending probate action were to be preserved. There was an alleged contravention of that condition by the respondent.

The Decision Of The Court Of Appeal

[3] The sole ground on which the Court of Appeal set aside the leave previously granted, was that the appellant failed to issue a Notice to Show Cause seemingly mandatory