Where order for possession did not specify time for compliance
Quick Take
1An order for possession that fails to specify a time for compliance (contrary to Rules of the Supreme Court 1971 (WA) O 42 r 3) is not rendered ineffectual, but is unenforceable — at least by contempt proceedings — until a date for compliance is fixed by a supplementary order.
2A Property Seizure and Delivery Order issued to give effect to a possession order is readily characterised as a 'supplementary order fixing a time' for compliance, being on its execution, thereby rendering the underlying possession order enforceable.
3Once a possession order has been fully executed, there is no further act of enforcement capable of being suspended.
