Northern Territory Consolidated Regulations

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SUPREME COURT RULES 1987 - REG 17.07

Enforcement of judgment

    (1)     A judgment given or order made against partners suing or sued in the name of their firm may, subject to subrule (2) and rule 17.08 , be enforced against:

        (a)     property of the partnership; and

        (b)     a person who:

            (i)     filed an appearance as a partner;

            (ii)     having been served as a partner with originating process, failed to file an appearance;

            (iii)     admitted in his pleading that he is a partner; or

            (iv)     was served with originating process as a partner and was adjudged to be a partner.

    (2)     Where a party who has obtained a judgment or order against partners suing or sued in the name of their firm claims that a person is liable to satisfy the judgment or order as a partner and subrule (1) does not apply in relation to that person, the Court:

        (a)     where liability is not disputed – may order that the judgment or order be enforced against that person; or

        (b)     where the liability is disputed – may give directions for the trial of the question of liability.

    (3)     An application under subrule (2) shall be made by summons served personally on the person against whom enforcement of the judgment or order is sought.



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