A judgment creditor may obtain payment out of surplus funds from a mortgagee sale paid into Court under UCPR Pt 55 r 11, by analogy with garnishee proceedings, or pursuant to the Court's inherent power to enforce its own judgments. The power under UCPR Pt 55 r 11 is not confined to cases where competing claimants each have a beneficial interest in the fund. Where the judgment debtor is prima facie beneficially entitled to the surplus, the onus lies on the judgment creditor to make out its case, and the beneficial owner's prima facie entitlement may militate against a costs order.
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