255 — หลักเกณฑ์การอนุญาตวิธีการชั่วคราว

คำแปลภาษาไทย

In considering whether to grant an application filed under Section 254, the court must be satisfied that the complaint has merit and that there are sufficient grounds to apply the protective measure requested, in accordance with the following criteria:
(1) Where an application is filed for the court to issue an order under Section 254(1), it must be satisfied by the court that (a) the defendant intends to remove the disputed property, or all or part of the defendant's own property, beyond the power of the court, or to transfer, sell, or dispose of such property in order to delay or obstruct the enforcement of any writ of execution that may be issued against the defendant, or to place the plaintiff at a disadvantage; or (b) there is any other necessary cause that the court considers just and proper.
(2) Where an application is filed for the court to issue an order under Section 254(2), it must be satisfied by the court that (a) the defendant intends to repeat or continue the tortious act, the breach of contract, or the act complained of; (b) the plaintiff will suffer further hardship or damage from the defendant's act; (c) the disputed property or the defendant's property is under circumstances showing that it will be wastefully expended, damaged, or transferred to another; or (d) there is a cause under (1)(a) or (b).
(3) Where an application is filed for the court to issue an order under Section 254(3), it must be satisfied by the court that (a) there is concern that the defendant will bring about the registration, the alteration of an entry in the register, or the cancellation of registration relating to the disputed property or the defendant's property, or relating to the act complained of, and such action would cause damage to the plaintiff; or (b) there is a cause under (1)(b).
(4) Where an application is filed for the court to issue an order under Section 254(4), it must be satisfied by the court that, in order to delay or obstruct the proceedings or the enforcement of any writ of execution that may be issued against the defendant, or to place the plaintiff at a disadvantage, (a) the defendant conceals himself so as to avoid receiving a summons or an order of the court; (b) the defendant has removed beyond the power of the court, or concealed, any document that may be seen as usable as evidence against the defendant in the pending case, or the disputed property or all or part of the defendant's property, or there is concern that the defendant will dispose of or destroy such document or property; or (c) it appears from the defendant's conduct, or the manner in which the defendant carries on his business or trade, that the defendant will abscond or may be seen to be about to abscond beyond the power of the court.

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