UNIFORM CIVIL PROCEDURE RULES 2005 - REG 40.7 Service of copy of judgment before committal or sequestration

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 40.7

40.7 Service of copy of judgment before committal or sequestration

(cf SCR Part 42, rule 8)

(1) A judgment is not enforceable by committal or sequestration unless--

(a) a sealed copy of the judgment is served personally on the person bound by the judgment, and

(b) if the judgment requires the person to do an act within a specified time, the sealed copy is so served within that time or, if that time is extended or abridged, within that time as extended or abridged.

(2) If the person is a corporation, the judgment is not enforceable by committal of an officer of the corporation or by sequestration of the property of an officer of the corporation unless, in addition to service under subrule (1)--

(a) a sealed copy of the judgment is served personally on the officer, and

(b) if the judgment requires the corporation to do an act within a specified time, the sealed copy is so served before that time expires.

(3) The sealed copy of the judgment must bear a notice (naming the persons concerned) that the person served is liable to imprisonment or to sequestration of property--

(a) where the judgment requires the person to do an act within a specified time, if the person fails to do the act within that time, or

(b) where the judgment requires the person to do an act forthwith or forthwith on a specified event, if the person fails to do the act as so required, or

(c) where the judgment requires the person to abstain from doing an act, if the person disobeys the judgment.

(4) If a person liable to committal or sequestration by way of enforcement of a judgment has notice of the judgment--

(a) by being present when the judgment is directed to be entered, or

(b) by being notified of the terms of the judgment, whether by telephone, telegram or otherwise,

the judgment may be enforced against that person by committal or sequestration without service having been effected in accordance with this rule.

(5) The court may dispense with service under this rule.

(6) This rule does not apply to a committal or sequestration arising from a failure to comply with the requirements of a subpoena.