s 41.02
In forceCondition precedent not fulfilled
Chapter 5Judgments, costs and other general provisions
Part 41Enforcement
Division 41.1General
41.02 Condition precedent not fulfilled
(1)
If an order is made in favour of a party subject to the fulfilment of a condition, the party cannot enforce the order until the condition is fulfilled.
Note:
The Court can make order subject to conditions—see rule 1.33.
(2)
However, the party may apply to the Court for an order for the revocation of the condition or the variation of the order.
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