This is an official version. Copyright © 2006: Queen's Printer, Important Information
Newfoundland Regulation 1997 Rules of the Supreme Court, 1986 (Amendment) (Filed May
26, 1997) Under the
authority of section 55 of the Judicature
Act, the Rules Committee of the Trial Division of the Supreme Court of
Newfoundland makes the following Rules. Dated at Barry R.
Sparkes, B.C.L. RULES Analysis 1. Rule
13.02 Amdt. 2. Rule
28 Rep. 3. Rule
50 Amdt. 4. Rule
51 R&S 5. Rule
52 Amdt. 6. Commencement 1. (1) Rule 13.02(1) of the Rules of the Supreme Court, 1986 is repealed and the following
substituted: Claim to property taken by sheriff 13.02 (1) A person who makes a claim to or in respect of property taken or
intended to be taken by the sheriff in the execution of any process or to the
proceeds of it shall serve a notice of claim on the sheriff in accordance with
section 163 of the Judgment Enforcement
Act. (2) Rules
13.02(2), (3) and (4) of the Rules are repealed and the following substituted: (2) Sections
163 to 168 of the Judgment Enforcement
Act shall apply to a notice of claim served under rule 13.02(1). 2. Rule 28 of the Rules is repealed. 3. (1) Rules 50.01(1) and 50.01(3) of the Rules are
repealed. (2) Rule
50.04(1) of the Rules is repealed and the following substituted: Where leave to issue orders necessary 50.04 (1) The Registrar shall not issue a receivership order or contempt order
to enforce an order without first obtaining the leave of the Court where (a) 6
years or more have elapsed since the date of the order; (b) a
change has taken place, whether by death or otherwise, in the party entitled or
liable under the order; or (c) under
the order, any person is entitled to relief subject to the fulfilment of any
condition which it is alleged has been fulfilled. (3) Rule
50.05 of the Rules is repealed and the following substituted: Duration of orders 50.05 A receivership order or contempt order is valid for a period of 6 years
from the date of its issue. (4) Rule
50.06 of the Rules is repealed. 4. Rule 51 of the Rules is repealed and the
following substituted: RULE 51 Money in Court 51.01 Where money is standing to the credit of a judgment debtor in Court, the
Court may, on application of the judgment creditor or sheriff and on notice,
make such order with respect to the money in Court as it thinks just. Wrongful execution 51.02 (1)
Where an application is made pursuant to the provisions of Part XII of the Judgment Enforcement Act or otherwise,
claiming that enforcement proceedings were wrongfully initiated under that Act
or that an execution was wrongfully made or claiming relief based on any of the
matters referred to in that Act, the Court may (a) order
the recovery of any seized property pursuant to the provisions of Rule 27,
which shall apply with the necessary changes; (b) order
the return or disposal of any property seized pursuant to enforcement
proceedings upon such terms as it thinks just; (c) set
aside, stay, restrict or vary any enforcement proceedings already undertaken or
about to be undertaken; (d) determine
priorities and other outstanding issues between or among competing claimants in
accordance with Rule 13; (e) set
aside or amend any notice of judgment filed under the Judgment Enforcement Act; (f) order damages to be awarded subject to any applicable restrictions
in the Judgment Enforcement Act; and (g) grant
such other order as it thinks just. (2) Where
a party to a judgment fails to assert any right available to that party with
respect to the validity of a notice of judgment or of enforcement proceedings,
and failure to do so prejudices the rights of any other party or of any person
interested in any property seized or available to be seized pursuant to
enforcement, the other party or interested party may assert the right for the
protection of his or her own interest. 5. (1) Rule 52.01 of the Rules is repealed and the
following substituted: Application of Rule 50 52.01 The
provisions of Rule 50 apply, with the necessary changes, to a person appointed
as a receiver under Rule 52. (2) Rule
52.03(1)(a) of the Rules is repealed and the following substituted: (a) may
have the same powers and duties with respect to enforcement proceedings as the
sheriff has under the Judgment
Enforcement Act; (3) Rule
52.03(1)(c) of the Rules is repealed and the following substituted: (c) may
sell property received by the receiver in the same manner as if it were being
sold under enforcement proceedings under the
Judgment Enforcement Act, or otherwise dispose of the property as ordered
by the Court; Commencement 6. These amendments to the Rules come into force
on the day the Judgment Enforcement Act comes
into force. ©Earl G. Tucker, Queen's Printer |