New South Wales Repealed Acts

This legislation has been repealed.

LOCAL COURTS (CIVIL CLAIMS) ACT 1970 - SECT 64

64 Set-off of judgments

(1) Where:

(a) judgment in an action has been given or entered up in a court (in this section referred to as "the first court"), and

(b) the judgment debtor under that judgment has had a judgment given or entered up in his or her favour in another action against his or her judgment creditor in the same or another court (in this section referred to as the "second court"),

that judgment debtor may apply to the first court for an order that the judgment against the judgment debtor be set off against the judgment in the judgment debtor’s favour.

(2) Where any such order has been made and:

(a) the amount of the judgment in the first court is less than or equal to the amount of the judgment in the second court, the judgment in the first court shall be deemed to be satisfied, and the amount of the judgment in the second court shall be reduced by the amount of the judgment in the first court, or

(b) the amount of the judgment in the first court is greater than the amount of the judgment in the second court, the amount of the judgment in the first court shall be reduced by the amount of the judgment in the second court, and the judgment in the second court shall be deemed to be satisfied.