A 182

CAP. 4

[Subsidiary]

The Rules of the Supreme Court-Order 47 [1988 Ed.

(4) The summons and a copy of the supporting affidavit must, not less than 4 clear days before the return day, be served on the party entitled to enforce the judgment or order.

(5) An order staying execution under this rule may be varied or revoked by a subsequent order.

Separate writs to enforce payment of costs, etc. (O. 47, r. 3)

3. (1) Where only the payment of money, together with costs to be taxed, is adjudged or ordered, then, if when the money becomes payable under the judgment or order the costs have not been taxed, the party entitled to enforce that judgment or order may issue a writ of fieri facias to enforce payment of the sum (other than for costs) adjudged or ordered and, not less than 8 days after the issue of that writ, he may issue a second writ to enforce payment of the taxed costs.

(2) A party entitled to enforce a judgment or order for the delivery of possession of any property (other than money) may, if he so elects, issue a separate writ of fieri facias to enforce payment of any damages or costs awarded to him by that judgment or order.

Order for sale in execution of judgment (O. 47, r. 6)

(HK)6. (1) Every sale in execution of a judgment shall be made under the direction of the Registrar and shall be conducted according to such orders, if any, as the Court may make on application of the person at whose instance the writ of execution under which the sale is to be made was issued, of the person against whom that writ was issued or of the bailiff to whom it was issued. In the absence of any such application the sale shall be made by public auction.

(2) Such an application must be made by summons and the summons must contain a short statement of the grounds of the application.

(3) Where the applicant for an order under this rule is not a bailiff, the bailiff must, on the demand of the applicant, send to the applicant a list containing the name and address of every person at whose instance any other writ of execution against the goods of the judgment debtor was issued and delivered to the bailiff (in this rule referred to as "the bailiff's list"); and where the bailiff is the applicant, he must prepare such a list.

(4) Not less than 4 clear days before the return day the applicant must serve the summons on each of the other persons by whom the application might have been made and on every person named in the bailiff's list.

(HK)(5) Where any goods of a debtor are taken in execution, and the bailiff has notice of another execution or other executions, the Court shall not consider an application for sale otherwise than by auction until service of the summons on the person or persons named in the bailiff's list has been effected.

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