Part 47 – Variation of Terms of Judgments and Suspension of Writs

Scope of this Part

47.1

1. This Part deals with –
   1. variation of the terms of a judgment for payment of a specified sum of money as to the time and method of payment; and
   2. suspension of orders for the seizure and sale of goods and writs of delivery.

Applications to vary time and method of payment or to suspend order for seizure and sale of goods or writ of delivery

47.2

1. This rule applies to –
   1. judgments for payment of a sum of money;
   2. judgments for the delivery of goods or payment of their value;
   3. orders for seizure and sale of goods; and
   4. writs of delivery where the defendant has the alternative of paying the assessed value.
2. An application by the judgment debtor to vary the terms of the judgment as to the time or method of payment or to suspend a writ of execution under this rule must be supported by evidence in the appro­priate practice form.

Where no objection except as to terms – procedure

47.3

1. The court must serve the application to vary or suspend on the judgment creditor.
2. The judgment creditor may file and serve on the judgment debtor objections to the application.
3. If the judgment creditor does not do so before the end of 14 days from the date of service of  the application, the court may make an order according to the terms which the judgment debtor asks.
4. If the judgment creditor objects only to the rate and time of any payment proposed by the judgment debtor, the court –
   1. may decide the rate and time of payments; and
   2. may make an order suspending the writ of execution on those terms.
5. The court may make this decision without a hearing.
6. The court office must serve a copy of the order made under paragraph  (3) or (4) on the judgment creditor and judgment debtor.

Application for redetermination of court’s decision

47.4

1. The judgment creditor or the judgment debtor may apply to the court  to re-determine the decision.
2. The application may not be made more than 14 days after the date of service of the court’s order under rule 47.3(6).
3. The court office must fix a hearing and give the judgment creditor and judgment debtor at least 7 days notice of the date, time and place of the hearing.

Where judgment creditor objects to variation or suspension

47.5

1. If the judgment creditor gives the court notice that it does not agree to any variation as to the time or method of payment or suspension of the writ of execution on any terms, the court office must fix a hearing and give the judgment creditor and judgment debtor at least 7 days notice of the date, time and place of the hearing.

Pre-suspension costs     

47.6

1. If the court hears an application to vary the judgment or suspend a writ of execution it may add to the judgment debt –
   1. any costs or fees incurred by the judgment creditor in connection with any writ of execution; and
   2. the costs of the application for variation or suspension; and such costs must be assessed by the court.
      1. Rule 65.11 deals with assessed costs.

Judgment creditor’s right to re-issue writ of execution

47.7

1. A judgment creditor may re-issue a writ of execution if –
   1. execution has been suspended on terms; and
   2. the judgment debtor has not complied with those terms.
2. The re-issued order has the same priority as the original order.