directions to that person, as part of the bond, as the court thinks fit, for the purpose of ensuring that the contravening party complies with the special direction.
(5) No order under subsection (3) may be made without giving the person referred to in that subsection an opportunity to attend and be heard.
(6) Despite subsection (5), an order under subsection (3) may be made if the person referred to in subsection (3), having been given an opportunity to attend and be heard, has failed to do so or cannot be found within a reasonable time.
(7) A person who fails to comply with an order to enter into a bond under subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
(8) Where a person is convicted of an offence under subsection (7) for failure to comply with an order to enter into a bond, the failure to comply with that order is not punishable as a contempt of court.
(9) A person is not to be convicted of an offence under subsection (7) in respect of any non‑compliance which has been punished as a contempt of court.
(10) In this section, “relevant court”, in relation to an application for a special direction, means the court of first instance which heard the claim under section 4 (whether or not the claim was allowed), or its equivalent.
Breach of special direction an offence
7.—(1) A contravening party who, without reasonable excuse, fails to comply with a special direction shall be guilty of an offence and shall be liable on conviction—
- (a) to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; and
- (b) in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of the day during which the offence continues after conviction, but not exceeding $10,000 in total.
