✨ High Court Rules Consolidation
1592
THE NEW ZEALAND GAZETTE.
[No. 46
-
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.
-
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.
-
Every judgment debt in excess of one hundred pounds shall carry interest at the rate of six pounds 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.
-
(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.
-
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.
-
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.
-
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.
-
(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.
-
Every writ of sale or writ of possession shall be issued by a Registrar of the High Court under the seal of that Court, and shall be addressed to an officer of the Court or to a constable.
-
A writ of sale may be in Form 3 in the Second Schedule hereto.
-
A writ of possession may be in Form 4 in the Second Schedule hereto.
-
Any judgment of the High Court in its civil jurisdiction for the payment of any sum of money may be enforced by a charging-
Next Page →
Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 1924, No 46
NZLII —
NZ Gazette 1924, No 46
✨ LLM interpretation of page content
⚖️
Rules of the High Court of Western Samoa Consolidation, 1924
(continued from previous page)
⚖️ Justice & Law Enforcement30 June 1924
High Court, Western Samoa, Rules Consolidation, Court Procedures, Legal Framework, Judgments, Execution of Judgments, Writs of Sale, Writs of Possession