Order 13 of the National Court Rules 1983 is headed Enforcement of Judgements. By Rule 1, “judgement” includes an order, and a reference to a writ or other means extends to any further writ or other means in aid of it.
Two preconditions
Entry. Under Order 12 Rule 18(1)(c), an order shall be entered where the order is to be enforced. On entry the Registrar seals the minute with the seal of the Court.
Time to comply. Under Order 12 Rule 4, a judgment requiring an act — including payment of money — must specify the time, which is 14 days after service of a minute unless the Court orders otherwise. That period does not apply to judgments for possession of land or delivery of goods.
So: obtain a sealed minute, serve it, prove service, and let the 14 days run. Enforcement before then is premature.
Rule 2
(1) A judgement for the payment of money (not for payment into Court) may be enforced by one or more of —
(a) levy of property; (b) attachment of debts; (c) charging order; (d) appointment of a receiver; or (e) in a case in which Rule 6 applies, but subject to Rule 8 — committal and sequestration.
(2) A judgement for payment of money into Court may be enforced by appointment of a receiver, or, where Rule 6 applies and subject to Rule 8, committal and sequestration.
(3) These do not affect any other means of enforcement of a money judgment.
Levy of property where the debtor has goods worth seizing.
Attachment of debts where money is owed to the debtor — a bank account, wages, a trade debt. Often the most effective.
Charging order where the debtor holds securities or interests rather than cash.
Receiver where an income stream or business must be managed rather than a thing seized.
You may use one or more of them, and sub-rule (3) preserves any other means. Where you do not know what the debtor has, start with finding out what they own.
Rule 3 — leave is required
(1) A judgement for possession of land may be enforced by a writ of possession in Form 53, or, where Rule 6 applies and subject to Rule 8, by committal and sequestration.
(2) A writ of possession shall not be issued without the leave of the Court.
(3) A person may move for leave without filing or serving notice of the motion.
(4) The Court may grant leave on terms.
(5) The applicant must show who was in occupation of each part of the land at the time of the commencement of the proceedings and who has been served with notice under Order 4 Rule 14.
(7) A writ of possession may include provision for enforcing the payment of money required by the judgment.
Where a person was in occupation at the date of commencement, is not a party, and was not served with an Order 4 Rule 14 notice, the Court shall, when giving leave, direct that the writ be restricted so as not to authorize disturbance of the occupation of that person.
The word is “shall”. This is mandatory, not discretionary.
It works with Order 12 Rule 30(2), which requires an affidavit about occupiers before default judgment for possession, and with Order 7 Rules 10 to 13, under which a person in possession may by leave appear and defend. The scheme is consistent: people are not evicted from land without having been told.
Rule 4
| Judgment | Means |
|---|---|
| Delivery of goods with no alternative of paying assessed value | Writ of specific delivery in Form 54; or, where Rule 5 applies and subject to Rule 7, committal and sequestration |
| Delivery of goods or payment of their assessed value | Writ of delivery in Form 55; or, with leave, a writ of specific delivery; or, subject to Rule 7, sequestration |
| Payment of the assessed value of goods | The same means as any other money judgment — r 4(5) |
Rule 5
(1) This Rule applies where a judgement requires a person to do an act within a time specified and he refuses or neglects to do it within that time (or that time as extended or abridged under Order 1 Rule 15); and where a judgement requires a person to abstain from doing an act and he disobeys.
(2) Such a judgement may, subject to Rule 8, be enforced by committal of the person bound; sequestration of the property of the person bound; or, where the person bound is a corporation, committal of any officer and sequestration of the property of any officer.
(3) This has effect subject to any Act limiting the right to attachment.
An injunction is a judgment requiring a person to do or abstain from doing an act. Breach is enforced by committal or sequestration under Rule 5 — which is why an injunction must be drawn clearly enough that the person restrained knows exactly what is prohibited.
Sub-rule (2)(c) reaches officers of a corporation personally. A company cannot shelter its directors from an order it has disobeyed.
Rule 6
Under the Claims By and Against the State Act 1996 there is no execution against the State. A judgment against the State is satisfied through a statutory certificate process instead. See execution against the State and how such a judgment is paid.
Sources
- National Court Rules 1983 — O 1 r 15; O 4 r 14; O 7 rr 10–13; O 11 rr 3, 6; O 12 rr 4, 18, 21, 30, 42; O 13 rr 1–8; O 14 Div 6; Forms 53–55
- Claims By and Against the State Act 1996 — s 13
Before relying on anything here, read the current text of the National Court Rules 1983 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.