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CIVIL JUDGMENTS ENFORCEMENT ACT 2004 - SECT 15

CIVIL JUDGMENTS ENFORCEMENT ACT 2004 - SECT 15

15 .         Suspension order

        (1)         A person against whom a judgment is given may apply for an order suspending the enforcement of all or part of the judgment to —

            (a)         the court that gave the judgment; or

            (b)         a court that is dealing with an appeal against the judgment.

        (2)         The court may deal with such an application in the absence of the person entitled to the benefit of the judgment if it is just to do so.

        (3)         On such an application, the court may only make such an order if there are special circumstances that justify doing so.

        (4)         A suspension order may be made for any period (including an indefinite period) and may be made on terms as to costs or otherwise.

        (5)         When or after making a suspension order the court may make any necessary ancillary or consequential order including an order —

            (a)         that a means inquiry, default inquiry or interpleader proceedings be adjourned;

            (b)         that a means inquiry or default inquiry not be held for such period as the court specifies;

            (c)         as to the operation or effect of any order that has been made under Part 4 or 5 or section 101;

            (d)         that a person imprisoned under section 90 or 98 for a contempt of court be released from prison for such period and on any terms that the court specifies;

            (e)         that prohibits or restricts dealings with a judgment debtor’s property, or the payment of debts owed to a judgment debtor, while the suspension order has effect.