Western Australian Current Acts

CIVIL JUDGMENTS ENFORCEMENT ACT 2004 - SECT 53

53 .         Third person entitled to expenses of obeying order

        (1)         A third person who obeys a debt appropriation order is entitled to the reasonable expenses (not exceeding the prescribed amount) of doing so.

        (2)         A third person may recover an amount equal to the expenses referred to in subsection (1) —

            (a)         if the debt appropriation order relates to the whole of the available debt — by retaining the amount from the available debt before paying the balance of it to the judgment creditor;

            (b)         if the debt appropriation order relates to a part of the available debt — by retaining the amount —

                  (i)         firstly, from the balance of the available debt that would remain after paying the appropriated debt to the judgment creditor; and

                  (ii)         secondly and if necessary, from the appropriated debt before paying the balance of the appropriated debt to the judgment creditor.