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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 71.09

Payment to judgment creditor

    (1)     Subject to Rules 71.10 and 71.11, the Court, on the hearing of a garnishee summons, may order the garnishee to pay to the judgment creditor

        (a)     the debt attached to the extent specified in the garnishee summons; or

        (b)     so much of the debt attached to the extent so specified as is required to satisfy the judgment in respect of which the summons is filed and served together with interest, any money recoverable under section 107(1) of the Service and Execution of Process Act 1992 of the Commonwealth and such costs of the application as may be specified in the order.

    (2)     Where on the hearing of a garnishee summons the garnishee does not dispute the debt, or where the garnishee does not attend on the hearing, the Court may make an order under paragraph (1) upon the evidence in support of the application under Rule 71.04 for an order that the garnishee summons be filed and served on the garnishee.

    (3)     An order under paragraph (1) may be enforced in the same manner as any other order for the payment of money.

    (4)     An order under paragraph (1) shall be in Form 71B or 71C as the case requires.



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