Court’s leave to enforce needed in some cases
13 Court’s leave to enforce needed in some cases
Leave of the court must be obtained before an order may be made under this Act to enforce a judgment —
if 6 years have elapsed since the judgment took effect; or
if the order in the judgment that a person seeks to enforce is subject to the fulfilment of a condition; or
if the property that is proposed for seizure under the order to satisfy the judgment is in the hands of a receiver; or
if the person seeking to enforce the judgment was not personally a party to the case in which the judgment was given; or
if the person liable to satisfy the judgment was not personally a party to the case in which the judgment was given, unless section 14(2)(b) applies to the person; or
if the judgment is against a partnership and is sought to be enforced against a person to whom section 14(2)(b) does not apply; or
if the judgment is given in a case between —
partnerships having one or more partners in common; or
a partnership and one or more of its partners;
or
if the judgment is against a corporation and is sought to be enforced against one or more officers or shareholders of the corporation.
On an application for leave under subsection (1), the court —
may give leave if it is satisfied that the person seeking to enforce the judgment is entitled to do so and that the person against whom the order is sought is liable to satisfy the judgment; and
may order the trial of any issue that needs to be decided in order to determine if the judgment may be enforced and, if it may be enforced, by whom and against whom; and
may do so on terms as to costs or otherwise.
On an application for leave under subsection (1)(g) the court may order accounts to be taken and inquiries to be made.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.