Enforcement Orders and Procedures
Quality representation is all about taking both a macro and micro view of any proceedings. The strategic approach to your matter or action must involve enforcement considerations.
Enforcement consideration is as much a part of a successful outcome as the determination of liability and quantum. Commercial objectives cannot be achieved without adequate enforcement. Chris ensures this is considered well before proceedings are issued. Practical success can hinge on both planning and taking the right enforcement action.
Judgments that require enforcement essentially fall into one or more of the following three categories.
Liquidated demand – A judgment creditor can seal judgment for the liquidated amount, together with interests, costs and disbursements provided they have obtained judgment on a liquidated demand. The judgment creditor must file a memorandum setting out the amount claimed and how that amount is calculated, together with any submissions in support of the claim if there is a claim costs and\or disbursements.
Land / chattels – A judgment creditor may seal judgment by default for recovery of possession of the land or chattels, together with costs to the date of sealing judgment when proceedings are for recovery of land or chattels, and a statement of defence has not been filed within the required period.
Unliquidated demand – The proceeding shall be tried to assess damages if the relief claimed is payment of an unliquidated demand and the judgment debtor does not file a statement of defence within the required number of days.
In New Zealand the District and High Courts both have their own enforcement procedures and rules. Chris and his team understand how to use these processes to achieve the best possible result.