New South Wales Consolidated Acts

CIVIL PROCEDURE ACT 2005 - SECT 96

96 Set-off of judgments

(cf DCR Part 31, rule 23; Act No 11 1970, section 64)

(1) This section applies if, in relation to any two or more judgments of the same court, the judgment creditor and judgment debtor under one or more of the judgments are the judgment debtor and judgment creditor, respectively, under the other judgments.

(2) The judgment debtor under any such judgment (
"the first judgment" ) may apply to the court for an order that the judgment be set off against any other such judgment (
"the second judgment" ) in respect of which he or she is the judgment creditor.

(3) An order under this section has the following effect--

(a) if the amount of the first judgment is less than the amount of the second judgment, the first judgment is taken to have been satisfied and the amount of the second judgment is taken to have been reduced by the amount of the first judgment,

(b) if the amount of the first judgment is equal to the amount of the second judgment, both judgments are taken to have been satisfied,

(c) if the amount of the first judgment is greater than the amount of the second judgment, the second judgment is taken to have been satisfied and the amount of the first judgment is taken to have been reduced by the amount of the second judgment.

(5) This section does not apply to judgments of the Supreme Court.