New South Wales Repealed Regulations

This legislation has been repealed.

MOTOR DEALERS REGULATION 1999 - REG 65

65 Enforcement of order rescinding sale: section 38

(1) An order made under section 38 (4) of the Act for the payment of money may be enforced in a Local Court specified in the order or, if no such court is so specified, in any Local Court other than a Local Court specified in an order made under section 77 (3) of the Local Courts (Civil Claims) Act 1970 .

(2) An order referred to in subclause (1) is enforceable as so referred to only if there is filed with the Clerk of a Local Court in which enforcement of the order is authorised an affidavit by the person seeking to enforce the order stating:

(a) that the deponent is the person in whose favour the order was made, and

(b) the name and address of the person against whom the order was made, and

(c) the amount remaining unpaid under the order, and

(d) that all conditions subject to which the order was made and which are applicable to the deponent have been complied with.

(3) If an affidavit is filed in accordance with subclause (2), Part 5 of the Local Courts (Civil Claims) Act 1970 applies to and in respect of the order to which the affidavit relates as if:

(a) the order were a judgment of the Local Court in which the affidavit is filed, and

(b) the amount ordered to be paid were a judgment debt referred to in that Part, and

(c) the person against whom the order was made were a judgment debtor referred to in that Part, and

(d) the person in whose favour the order was made were a judgment creditor referred to in that Part.