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Court Procedures Rules
1603Orders—set off between enforceable money orders
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1603 Orders—set off between enforceable money orders
(1) This rule applies if, in relation to 2 or more money orders of the same
court, the enforcement creditor and the enforcement debtor under 1
or more of the orders are the enforcement debtor and enforcement
creditor, respectively, under the other orders.
Note Enforceable money order, enforcement creditor and enforcement
debtor are defined in r 2000 (Definitions—pt 2.18).
(2) The enforcement debtor under an enforceable money order made in a
proceeding (the first order) may apply to the court for an order in the
proceeding that the first order be set off against another enforceable
money order of the same court (the second order) in which the
enforcement debtor is the enforcement creditor.
(3) If the court makes an order under this rule—
(a) if the amount of the first order is less than the amount of the
second order—the first order is taken to have been satisfied and
the amount of the second order is taken to have been reduced by
the amount of the first order; or
Rule 1604
(b) if the amount of the first order is equal to the amount of the
second order—both orders are taken to have been satisfied; or
(c) if the amount of the first order is greater than the amount of the
second order—the second order is taken to have been satisfied
and the amount of the first order is taken to have been reduced
by the amount of the second order.