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StatuteDistrict Court Act 2016

Section 120 — District Court Act 2016: Removal of judgment of District Court into High Court

Text of the provision Official document

120 Removal of judgment of District Court into High Court (1) A judgment creditor or a person on the judgment creditor’s behalf may apply to the court to remove into the High Court a final judgment or an order of the District Court (the judgment ) for the payment of an amount of money. (2) The Registrar must issue a certificate of removal in the prescribed form, which may be filed by the judgment creditor in the High Court. (3) The Registrar must not issue a certificate of removal— (a) before the expiry of the time for giving notice of an appeal against the judgment: (b) if an enforcement proceeding has been issued in relation to the judgment, until the enforcement proceeding has been withdrawn or completed. (4) No further steps may be taken in relation to the proceeding in which the judgment was given after the Registrar’s certificate has been filed in the High Court. (5) On the removal of the judgment,— (a) the judgment may be enforced as a judgment of the High Court, with such fees and costs as may be paid or allowed in connection with the removal and entry of judgment: (b) no appeal may be brought against the judgment. (6) A Judge of the High Court may, on the application of the judgment creditor or judgment debtor, set the removal aside on such terms as to costs or otherwise that the Judge thinks fit. Compare: 1947 No 16 s 66

Official source: legislation.govt.nz

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