--(1) For the purpose of his inquiry the referee has the same powers as the court (other than the power to commit).
--(2) The trial or inquiry must so far as possible be conducted in the same way as a trial by the court.
--(3) The referee may hold the trial or conduct the inquiry at any place which appears to him to be convenient to the parties.
--(4) If a person served with a witness summons to appear before a referee-
----(a) fails to attend;
----(b) refuses to be sworn or affirm for the purposes of the inquiry; or
----(c) refuses to answer any lawful question or produce any document at the inquiry,
--the referee must sign and file a certificate of his failure or refusal.
--(5) Any party may apply to the court for an order requiring the witness to attend, or to be sworn or affirmed, or answer any question or produce any document as the case may be.
--(6) An application for an order under this rule may be made without notice but must be supported by evidence-
----(a) of service of the witness summons; and
----(b) that the person served with the witness summons was paid or offered the payments required by rule 34.7.
--(7) Such an order must be served personally on the witness and be endorsed with a notice in accordance with rule 53.3(b).
--(8) A person who wilfully disobeys an order made against him under paragraph (5) is guilty of contempt of court.
--(9) The court may order the person against whom an order is made under this rule to pay any costs resulting from his failure or refusal.
(Part 53 deals with the procedure to apply to commit a person for contempt of court)
Notes
Amended by Legal Notice 233 of 2005.
Back to Part (41. Appointment of Referee to Inquire and Report)