Judgments, enforcement of
140 Judgments, enforcement of
In this section —
judgment includes an order, direction or decision.
A person to whom money is to be paid under a judgment of a warden’s court may enforce it by lodging a copy of it, certified by the mining registrar, and an affidavit stating to what extent it has not been complied with, with a court of competent jurisdiction.
If, or to the extent that, a judgment of a warden’s court does not require the payment of money, a person entitled to the benefit of the judgment may enforce it by lodging a copy of it, certified by the mining registrar, and an affidavit stating to what extent it has not been complied with, with the Magistrates Court.
A judgment that is lodged with another court under subsection (2) or (3) is taken to be a judgment of the other court and may be enforced accordingly.
For the purposes of Part 5 Division 1 of the Civil Judgments Enforcement Act 2004, a judgment of a warden’s court for the delivery by a person of possession of any mining tenement or minerals to another is taken to be a judgment requiring the person to give possession of real or personal property to the other person.
[Section 140 inserted: No. 59 of 2004 s. 115; amended: No. 31 of 2022 s. 39.]
[141. Deleted: No. 59 of 2004 s. 115.]
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