District Courts Rules 2009

15.6 Change of parties after judgment

• 15.6.1 This rule applies if any change has taken place after judgment by death, assignment, or otherwise—

  • (a) in the parties entitled to a judgment or order; or

  • (b) in the parties liable under a judgment or order.

  15.6.2 When this rule applies, the party claiming to be entitled to enforce the judgment or order may apply without notice to the court or a Registrar for leave to issue the necessary process.

  15.6.3 The court or Registrar may,—

  • (a) if satisfied that the party applying is entitled to issue the process, make an order to that effect:

  • (b) if not so satisfied, order that any issue or question necessary to determine the rights of the parties be tried and determined in a manner that the court or Registrar thinks fit.

  15.6.4 Despite anything in rule 3.1, the hearing of any issue or question referred to in rule 15.6.3(b) must be started in the court in which the order was made, unless the court or Registrar otherwise orders.

  15.6.5 Any order made under rule 15.6.3 must be in form 40 and be served on the persons affected.

  15.6.6 No process may issue from an order made under rule 15.6.3 until 5 working days have expired after the date of service, unless the court or Registrar gives leave.

  15.6.7 A party claiming to be entitled, by reason of one and the same change, to enforce more than 1 judgment or order may—

  • (a) make 1 application in which all the judgments or orders are specified in a schedule; and

  • (b) set out, in the notice of any order made on the application, only that part of the order affecting the person to be served notice.

  Compare: SR 1992/109 r 568