Western Australian Consolidated Acts

CIVIL JUDGMENTS ENFORCEMENT ACT 2004 - SECT 99

99 .         Court may order act to be done at expense of obligated person

        (1)         This section applies if a judgment requires or has the effect of requiring a person (the obligated person ) to do an act.

        (2)         In order to enforce such a judgment, a person who is entitled to the benefit of the judgment may apply to the court for an order addressed to —

            (a)         the person entitled to the benefit of the judgment; or

            (b)         a person appointed by the court,

                that authorises that person to do the act concerned, or as much of it as is practicable, at the expense of the obligated person.

        (3)         The court may make such an order and may do so on terms as to costs or otherwise.

        (4)         The court may make such an order whether or not proceedings for contempt are being taken against the obligated person.

        (5)         When or after making such an order the court may make any necessary ancillary or consequential order including an order providing for the expenses of carrying out the order to be determined by the court.

        (6)         When or after making such an order, the court may make an enforcement order under Part 4 for the purpose of enforcing the payment of —

            (a)         the enforcement costs associated with the order; and

            (b)         the expenses determined under subsection (5).