9 Setting Aside Fraudulent Conveyances

• 9 (1) If

• (a) a judgment creditor alleges that the debtor or person who has to pay has made a conveyance or other disposition of any of that person’s land, which conveyance or other disposition is void, as being made to defeat, hinder, delay, prejudice or defraud creditors, or
• (b) a creditor or assignee for the benefit of creditors alleges that a disposition is void under sections 2 to 6,

• it is not necessary to institute an action to set aside the disposition.
• (2) In the circumstances described in subsection (1), an application may be made to the Supreme Court by the judgment or other creditor or assignee or person entitled to the money, calling on the judgment debtor or person who is to pay, and the person to whom the conveyance or other disposition has been made or who has acquired any interest under it, to show cause

• (a) why the land, or a competent part of it, should not be sold to realize the amount payable under the judgment, or
• (b) why the disposition or payment should not be set aside and the property returned or otherwise dealt with as the court may direct.

• (3) In an application under this section, a judgment creditor may claim to be entitled to register the judgment against

• (a) the land in respect of which the application is made, or
• (b) the judgment debtor’s or another person’s interest in the land.

1979-143-9; 1982-46-22, proclaimed effective August 1, 1983.