Section 57 — Protection of Personal and Property Rights Act 1988: Proceedings, execution, etc, not to proceed without leave of Court

57 Proceedings, execution, etc, not to proceed without leave of Court (1) From the date on which an application is made for a property order in respect of any person, no person shall, without the leave of a Court,— (a) Bring or continue any proceedings (not being proceedings under this Act or proceedings in the High Court) against the person in respect of whom the application is made; or (b) Issue any execution, attach any debt, or otherwise enforce or seek to enforce any judgment or order (not being a judgment or order given under this Act) against the person in respect of whom the application is made; or (c) enter into possession, sell, appoint a receiver, or take or continue any power or right under or in pursuance of any mortgage, charge, instrument, or other security over the property of the person in respect of whom the application is made; or (d) Determine or forfeit any tenancy, re-take or re-enter any premises, or take or continue any power or right under or in pursuance of any lease, tenancy, or agreement to let or lease against the property of the person in respect of whom the application is made. (2) This section shall also apply to a company and its property, and to any subsidiary of a company and the subsidiary's property, where the person in respect of whom the application is made is a member of the company and holds more than 50 percent of its equity share capital or issued shares, as the case may be. (3) For the purposes of subsection (2) of this section,— (a) In the case of a company registered under the Companies Act 1955, the terms company , subsidiary , and equity share capital shall have the meanings assigned to them by sections 158 and 158A of the Companies Act 1955: (b) In the case of a company registered under the Companies Act 1993 , the terms company and subsidiary shall have the meanings assigned to them by sections 5 and 6 of the Companies Act 1993 . Subsection (1)(a) was amended, as from 1 July 1994, by section 6 Protection of Personal and Property Rights Amendment Act 1994 (1994 No 54) by inserting the words “ or proceedings in the High Court ” . Section 57(1)(c): amended, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91). Section 57(1)(d): amended, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91). Subsection (2) was amended, as from 1 July 1994, by section 2 Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16) by inserting the words “ or issued shares, as the case may be ” . Subsection (3) was substituted, as from 1 July 1994, by section 2 Company Law Reform (Transitional Provisions) Act 1994 (1994 No 16).