VICIn ForceAct
County Court Act 1958
86Transfer of judgment to Supreme Court
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86 Transfer of judgment to Supreme Court
(1) Whenever any judgment has been entered the registrar shall, upon application made by the judgment creditor or any person on his behalf, grant and issue to the person making the application a certificate of such judgment and of the amount remaining due and unpaid thereon and shall make a minute of the grant of such certificate in the register.
(2) No such certificate shall be granted—
(a) before the expiration of any time during which execution could not be issued out of the County Court;
(b) if any warrant of execution has been issued out of the County Court under that judgment against the person of the judgment debtor; or
(c) until after the return of any warrant of execution issued out of the County Court under that judgment against the goods and chattels of the judgment debtor.
(3) After the issue of any such certificate no further proceedings shall be had or taken in the County Court.
S. 86(4) amended by Nos 9633 s. 8, 9967 s. 10.
(4) Any such certificate may be filed in the Supreme Court and thereupon without any previous process final judgment may be entered in that court (on which judgment no appeal or proceeding in error shall lie) for the sum mentioned in such certificate to be unpaid together with interest thereon at the rate for the time being fixed under section 2 of the **Penalty Interest Rates Act 1983** from the day named in the certificate until the day of the said final judgment and all costs fees and charges of obtaining the said certificate and entering such final judgment.
(5) Upon the entry of such judgment execution may be forthwith issued in the Supreme Court as for any other judgment of the said Court.
S. 87
inserted by No. 16/1986 s. 15.