Three different dates can be in play: the date the judge pronounces judgment, the date the Registry enters it, and the date the minute is served. Order 12 of the National Court Rules 1983 assigns a role to each.
Order 12 Rule 3
(1) Where a judgement is entered pursuant to a direction of the Court, the judgement shall take effect as of the date of the direction.
(2) Where a judgement is entered otherwise than pursuant to a direction of the Court, it shall take effect as of the date of entry.
(3) Subject to sub-rules (1) and (2), an order shall take effect as of the date on which it is made.
(4) Notwithstanding sub-rules (1), (2) and (3), the Court may order that a judgement or order take effect as of a date earlier or later than the date fixed by those Sub-rules.
| Situation | Takes effect |
|---|---|
| Judgment after trial, or on a direction of the Court | Date of the direction — r 3(1) |
| Default judgment entered administratively | Date of entry — r 3(2) |
| Any order — interlocutory or final | Date it is made — r 3(3) |
| Where the Court so directs | An earlier or later date — r 3(4) |
Entry can lag the direction by days or weeks, particularly where a minute must be settled. Sub-rule (1) means the judgment operates from the day the judge gave the direction, so the winning party is not prejudiced by the Registry’s timetable.
Sub-rule (4) is a useful discretion where, for example, an order should operate from the date of an event rather than the date of the hearing.
Rule 4 — a different date again
(1) A judgement or order requiring a person to do an act shall specify the time within which he is required to do the act.
(2) That time shall, unless the Court otherwise orders, be 14 days after the date of service of a minute of the judgement or order on the person required to do the act.
(3) This applies to a judgement or order which requires a person to pay money.
(4) It does not apply to a judgement for possession of land or for delivery of goods.
A money judgment takes effect on the date of the direction or of entry. But the defendant is not in default until 14 days after service of the minute.
So a judgment creditor who wants to enforce must first serve the sealed minute and wait out the 14 days. Enforcement steps taken before then are premature.
Note the exclusion in sub-rule (4): judgments for possession of land or delivery of goods are outside the 14-day regime and are governed by their own provisions in Order 13.
Four consequences
1. Interest. Under Order 12 Rule 6, interest ordered under the Judicial Proceedings (Interest on Debts and Damages) Act 1962 is payable on so much only of the money as is from time to time unpaid, at 8% yearly. When it starts running depends on when the judgment takes effect. See interest on a judgment.
2. Enforcement. Execution under Order 13 depends on a judgment that has taken effect and a time for compliance that has expired.
3. Appeal. Time to appeal, or to seek leave, runs from the decision. Section 14 of the Supreme Court Act (Chapter 37) and the Supreme Court Rules 2012 govern. See appealing an interlocutory order.
4. Contempt. A contempt application for breach of an order requires proof that the person had notice of it and that the time for compliance had passed.
A judgment against the State
A judgment against the State takes effect under Order 12 Rule 3 like any other. But it is not enforced under Order 13: the Claims By and Against the State Act 1996 provides that there is no execution against the State, and satisfaction follows a statutory certificate process instead.
So the 14-day compliance period in Rule 4 has no practical bite against the State. See how a judgment against the State is paid and execution against the State.
Extending or varying the time
Order 12 Rule 4(5) — where a judgment requires an act within a specified time, the Court may, by order, require him to do the act within another specified time.
Order 12 Rule 4(6) — where no time was specified, the Court may require the act to be done within a specified time.
Order 1 Rule 15 — the Court may extend any time fixed by the Rules or by any judgement or order, and may do so after the time has expired. A time fixed by a judgment is squarely within it.
A judgment debtor who cannot pay within 14 days should apply rather than simply default. An application made before the time expires is a far better position than one made after enforcement has begun.
Under Order 12 Rule 8, the Court may set aside or vary a direction for entry of judgment where notice of motion is filed before entry; a judgment entered under the default judgment Division; or a judgment entered in the absence of a party, whether or not that party had notice.
And under Order 8 Rule 59, a clerical mistake in a minute, or an error arising from an accidental slip or omission, may be corrected at any time — see the slip rule. That corrects the record without disturbing the decision or its date of effect.
Sources
- National Court Rules 1983 — O 1 r 15; O 8 r 59; O 12 rr 3, 4, 6, 8, Div 2; O 13; O 14 Div 6
- Claims By and Against the State Act 1996 — ss 13, 14
- Supreme Court Act (Chapter 37); Supreme Court Rules 2012
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.