Western Australian Current Acts

CIVIL JUDGMENTS ENFORCEMENT ACT 2004 - SECT 84

84 .         Judgment creditor may admit or dispute claim

        (1)         A judgment creditor may admit or dispute a claim made under section 83.

        (2)         If a judgment creditor disputes a claim the sheriff may apply for relief by way of interpleader —

            (a)         if the claim relates to personal property, to the court that issued the property (seizure and sale) order;

            (b)         if the claim relates to real property —

                  (i)         to the Supreme Court if the property (seizure and sale) order was issued by the Supreme Court;

                  (ii)         to the District Court if the property (seizure and sale) order was issued by the District Court or the Magistrates Court.

        (3)         On an application made under subsection (2) to the Magistrates Court or the District Court, that court has and may exercise the same powers as the Supreme Court would have if the application were made to the Supreme Court.