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RULE 50
ENFORCEMENT OF ORDERS
: GENERAL

Analysis



Enforcement of order for the payment or recovery of money

50.01. (1) [Rep. by 69/97 s3]

             (2)  An order for the payment of money into Court may be enforced by one or more of the following orders:

             (a)  a receivership order under Rule 52; or

             (b)  a contempt order under Rule 53.

             (3)  [Rep. by 69/97 s3]

1986 c42 Sch D rule 50.01; 69/97 s3

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Enforcement of order for possession of real or personal property

50.02. (1) An order for the giving of real property or the delivery of any personal property may be enforced by any one or more of the following orders:

             (a)  a recovery order under rule 27.13; or

             (b)  a contempt order under Rule 53.

             (2)  An order for the recovery of possession of real property, or for the return of any personal property, or in lieu thereof the recovery of the assessed value thereof, may be enforced by a recovery order as provided by rule 27.13.

1986 c42 Sch D rule 50.02

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Enforcement of an order to do or abstain from doing an act

50.03. (1) When a person

             (a)  who is required by an order to do an act within a specified time, refuses or neglects to do it within that time; or

             (b )  disobeys an order requiring that person to abstain from doing an act,

the order may, subject to rule 50.03(3), be enforced by a contempt order as provided by Rule 53.

             (2)  The Court may from time to time vary an order referred to in rule 50.03(1), by requiring any person to do or abstain from doing any act

             (a)  when the order specifies the time when the act was to be done or abstained from, at any other time; or

             (b)  when the order does not specify any time, within such time as the Court deems fit to order.

             (3)  An order referred to in rule 50.03(1)( a) or rule 50.03(1)(b) may not be enforced by a contempt order, unless a copy of the order has been served

             (a)  on the person required by the order to do or abstain from doing any act; or

             (b)  where the person is a body corporate, on any officer, director, employee or agent thereof against whose property or person leave is to be sought to issue a contempt order pursuant to rule 53.06; and

             (c)  where the act is to be done or abstained from within a specified period of time, before the expiration of that time.

             (4)  Where an order referred to in rule 50.03(1)( a) is not complied with, the Court may

             (a)  order the act to be done at the expense of the disobedient party by the party who obtained the order or any other person appointed by the Court, and upon the act being done and the expense thereof ascertained, direct an execution order to issue against the disobedient party for the amount so ascertained and costs; or

             (b)  make such other order as is just.

1986 c42 Sch D rule 50.03

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Where leave to issue orders necessary

50.04. (1) A receivership order or contempt order to enforce an order shall not be issued without 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.

             (2)  Where the Court grants leave, whether under this rule or otherwise, to issue an order under rule 50.04(1) and the order is not issued within one year from the date of the order granting such leave, the order granting leave shall cease to have effect, but nothing herein shall limit the making of a further order granting leave.

1986 c42 Sch D rule 50.04; 69/97 s3; 36/14 s67

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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.

69/97 s3

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Rep. by 69/97 s3

50.06. [Rep. by 69/97 s3]

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Execution by or against a person not a party

50.07. (1) When a person, who is not a party, obtains an order or an order is made in that person's favour, that person shall be entitled to enforce obedience to the order by the same process as if that person were a party.

             (2)  When an order may be enforced against a person who is not a party, that person shall be liable to the same process for enforcing obedience to the order as if that person were a party.

1986 c42 Sch D rule 50.07

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Waiver of conditional judgment or order

50.08. When a party, who is entitled to any relief under an order upon the fulfilment of a condition, fails to fulfil the condition, that party is deemed to have abandoned the benefit of the order and, unless the Court otherwise orders, any other interested person may take any steps warranted by the order or that might have been taken if the order had not been granted.

1986 c42 Sch D rule 50.08

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Stay of execution for matter occurring after entry of judgment or order

50.09. When a party against whom an order has been granted, or any person against whom obedience thereof may be enforced, applies to the Court for a stay of execution thereunder because of a matter that occurred after the date of the order, the Court may grant the stay and any other relief upon such terms as it thinks just.

1986 c42 Sch D rule 50.09