31Enforcement of orders

31 Enforcement of orders

31 Enforcement of orders

(1) On any application by a mortgagee under this Part of this Act for leave to enter into possession of the mortgaged property the court may, if the mortgagor be in actual possession of the mortgaged property, order the mortgagor to deliver up possession of the same.

(2) If such order be made by the Supreme Court the mortgagee shall, if the mortgagor refuses or neglects after due service of such order to obey the same, be entitled without any further order to a writ of assistance or habere facias.

(3) If such order be made by any court other than the Supreme Court, and the mortgagor after due service of such order refuses or neglects to obey the same, the mortgagee may file in the office of the Master in Equity a copy of such order certified by the proper officer of the court making the order, and shall thereupon without any further order be entitled to a writ of assistance or habere facias.

(4) Any order for the payment of money or of costs made by the Local Court or by the Licences Reduction Board or a member thereof under this Act shall operate as an order for the payment of money under the Civil Procedure Act 2005, and be enforceable as such under the provisions of that Act.

(5) Without limiting the interpretation of “mortgagor” in section two that word shall in this section include any puisne mortgagee.

s 31: Am 1999 No 31, Sch 4.61 [6] [7]; 2006 No 120, Sch 2.55; 2009 No 106, Sch 4.21.