Civil Judgments Enforcement Act 2004

Each of the following operates for 12 months after the day on which it is made or issued —

a property (seizure and delivery) order;

a property (seizure and sale) order;

a warrant issued under section 29(4) or 89(4).

A person in whose favour such an order operates may from time to time apply to the court that made it for the order’s operation to be extended.

The judgment creditor in proceedings in which such a warrant was issued may from time to time apply to the court that made it for the warrant’s operation to be extended.

On such an application, the court may extend the operation of the order or warrant for a period set by the court that is not longer than 12 months.

An order made under subsection (4) has no effect if it is made after the order or warrant referred to in subsection (1) has ceased to operate.

[Section 102 amended: No. 5 of 2008 s. 12.]

103. Amending and cancelling orders etc.

If a court makes an order under this Act (the original order), a person —

who obtained the original order; or

to whom the original order is addressed; or

who is authorised to do anything under the original order; or

who is affected by, or whose property is affected by, the original order,

may apply to the court for an order that amends or cancels the original order.

The court may make an order that amends or cancels the original order and may do so on terms as to costs or otherwise.

The person who made the application under subsection (1) must serve the order made under subsection (2) on each of the other persons referred to in subsection (1).

Unless it orders otherwise, the order made under subsection (2) has effect —

if the person referred to in subsection (1)(b) or (c) applied for it, when it is made; or

otherwise, when it is served on the person to whom the original order was addressed.

[Section 103 amended: No. 5 of 2008 s. 13.]