β¨ High Court Rules
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The plaintiff in any action may at any time before judgment
elect to be nonsuited, and the Court may nonsuit the plaintiff without his consent. -
After a nonsuit the plaintiff shall not be debarred from commencing a further action on the same cause of action, all the costs of the first action having been first paid.
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No action shall be tried by a jury.
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The parties to any action may concur in stating the questions of law arising in the action in the form of a special case for the opinion of the Court.
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Every such special case shall concisely state such facts and documents as may be necessary for the decision of the questions raised therein.
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On the argument of the special case the Court shall be at liberty to draw from the facts and documents so stated any inference of fact which might have been drawn therefrom if proved at the trial.
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On the argument of the questions of law raised in such special case the Court may give judgment in the action, or may order the issues of fact or any of them to be tried before giving judgment.
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Every judgment debt in excess of one hundred pounds shall carry interest at the rate of six per centum per annum from the time of judgment being given until the same is satisfied, and such interest may be levied under any writ of execution upon such judgment.
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(1.) Every judgment of the High Court shall be deemed to be complete when a minute thereof has been made in the record-books of the Court and signed by the Judge or Commissioner giving the same.
(2.) When necessary the judgment may at any time thereafter be drawn up under the seal of the Court.
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A Judge of the High Court, or a Commissioner thereof within his jurisdiction, may at any time amend any minute or judgment of the Court or other record of the Court in order to give effect to the true intent of the Court in respect thereof or truly to record the course of any proceeding.
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On application made at any time within fourteen days after the date of any judgment given by the High Court in its civil jurisdiction the Court may, if it thinks fit, rehear the matter, and may on such rehearing either affirm, reverse, or vary such judgment.
Execution of Judgments.
- (1.) Where by any judgment of the High Court in its civil jurisdiction any person is ordered to pay any sum of money, the party to whom the money is payable may cause a writ of sale to be issued.
(2.) When by any judgment of the High Court any person is ordered to deliver possession of land or chattels, the party to whom such land or chattels are ordered to be delivered may cause a writ of possession to be issued.
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A writ of possession shall authorize the officer to whom it is addressed to deliver to any party named in the writ possession of any land or of any chattels specified in the writ, and for that purpose to eject any other person from such land, or to seize and take possession of any such chattels.
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(1.) A writ of sale shall authorize the officer to whom it is directed to seize all the chattels (including moneys, cheques, bills of exchange, and other securities for money) of the person against whom it is issued, except wearing-apparel, bedding, tools, and implements of trade, not exceeding in the aggregate twenty pounds in value.
(2.) All chattels so seized may, unless the judgment is sooner satisfied, together with the costs of the execution, be sold or otherwise converted into money by the Registrar of the High Court, and the proceeds of such sale or conversion shall, after payment thereout of the costs of the execution, be applied in satisfaction of the judgment.
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 1920, No 51
NZLII —
NZ Gazette 1920, No 51
β¨ LLM interpretation of page content
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Rules of the High Court of Western Samoa, 1920
(continued from previous page)
π External Affairs & Territories1 April 1920
High Court, Rules, Procedure, Western Samoa, Nonsuit, Judgment, Jury, Special Case, Interest, Execution, Writ of Sale, Writ of Possession