Non-performance of condition

Current

(cf SCR Part 42, rule 11)

If a person is entitled under a judgment or order subject to the fulfilment of a condition, but the condition is not fulfilled, then, unless the court orders otherwise—

(a)

the person loses the benefit of the judgment or order, and

(b)

any other person interested may take any steps—

(i)

that are warranted by the judgment or order, or

(ii)

that might have been taken had the judgment not been given or entered or the order not been made.

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39.50 Non-performance of condition