s 6 Special direction on breach of court order, etc.
6.—(1) Where a respondent (called in this Part the contravening party) fails to comply with an order of court made under section 5 (called in this section the disobeyed order), the party in whose favour the disobeyed order was made may apply to a relevant court for a direction that the contravening party must comply with the disobeyed order. (2) Any court (at first instance or on appeal) may make a direction that a contravening party comply with a disobeyed order within a specified time if the court is satisfied on a balance of probabilities that the contravening party has, without reasonable excuse, failed to comply with the disobeyed order. (3) Where a court in subsection (2) makes a special direction, the court may also order any person as the court may specify, to enter into a bond to ensure that the contravening party complies with that direction. (4) The court may, in making an order under subsection (3) for a person to enter into a bond, impose such conditions on or give such 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 mentioned 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 mentioned 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.