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              RULE 51

51.01   Money in Court

51.02   Wrongful execution

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.

69/97 s4

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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.

69/97 s4