s 41.09
In forceSubstituted performance
Chapter 5Judgments, costs and other general provisions
Part 41Enforcement
Division 41.1General
41.09 Substituted performance
(1)
If a person (the first person) is bound, but neglects or refuses, to do an act, a party may apply to the Court for an order:
(a)
that the act be done by another person, appointed by the Court; and
(b)
that the first person pay the costs and expenses incurred by the making of the order.
(2)
Subrule (1) does not limit:
(a)
the power of the Court to punish for contempt; or
(b)
any other mode of enforcement of the judgment or order available to the party.
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