The Court held that a Property Seizure and Delivery Order (PSDO) issued under s 95 of the Civil Judgments Enforcement Act 2004 (WA) is not irregular for failing to specify a time for compliance under RSC O 42 r 3, because the nature of a PSDO requires the judgment debtor to give up possession immediately upon the Sheriff entering the property. The Court also confirmed that a judgment debtor cannot use an application under CJEA s 105 to re-agitate defects in the underlying possession order where appeals against that order have been exhausted. The Court noted that while it is ordinary practice for the Sheriff to provide notice before executing a PSDO and for the judgment debtor to be given an opportunity to comply with the possession order before a PSDO is sought, neither is a legal requirement under the CJEA.
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