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s 31

Alternative forms of relief

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Part 5Special provisions as to Court's civil jurisdiction
Division 1General

31 Alternative forms of relief

(1)

Although a particular form of relief is sought by a party to an action, the Court may grant any other form of relief that it considers more appropriate to the circumstances of the case.

(2)

In particular—

(a)

where a party seeks relief by way of injunction or specific performance, the Court may award damages in addition to or in substitution for such relief;

(b)

where a party seeks foreclosure of the equity of redemption in mortgaged property, the Court may, instead of ordering foreclosure—

(i)

direct the sale of the mortgaged property; or

(ii)

direct a transfer of the mortgage debt and security to a person who agrees to assume the debt. (This subsection is not exhaustive.)

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