Winning in the Supreme Court produces an order, not money. The Court that made the order is not the one that enforces it, and knowing where to go next saves months.
Step 1: the sealed order
Nothing can be enforced without a sealed copy of the order. The successful party drafts the order in the terms the Court pronounced, has the other side’s lawyer initial it, and lodges it with the Registrar for sealing under section 38 of the Act; where the parties are unrepresented the Registrar drafts it under Order 13 Rule 16(2)(e). The Registrar also sends a sealed copy to the National Court under Rule 16(2)(f) where the appeal was dismissed. Order 11 Rule 32 allows a slip rule application within 21 days if the order does not reflect the judgment. See getting a sealed copy of a Supreme Court order.
What is enforced where
| Supreme Court order | What it produces | Enforced by |
|---|---|---|
| Appeal dismissed | The National Court judgment stands, and any stay ends | National Court, on the original judgment |
| Appeal allowed; judgment varied or substituted under s 16(b) or (c) | A new judgment in the terms of the Supreme Court order | National Court, on the Supreme Court order filed in the National Court proceeding |
| Appeal allowed; case remitted or new trial ordered under s 16(d) or (e) | Further hearing in the National Court | Nothing to enforce yet; the National Court relists the matter |
| Costs of the appeal | A Supreme Court order for taxed or fixed costs | Taxation by the Registrar under O 12, then O 12 Division 7 and the National Court execution process |
| Order in the original jurisdiction: s 18(1), s 19, s 57 enforcement | A declaration, or an order directed to a person or body | Declarations need no enforcement; coercive orders by contempt under O 14 NCR through O 2 r 1 SCR |
| Election petition review decision | Confirms or reverses the National Court’s petition decision | Electoral Commission gives effect; costs from the deposit under O 5 rr 44–47 |
| Criminal appeal: conviction quashed, sentence varied, new trial | Warrant of release or fresh warrant of commitment | Registrar sends the order to the Correctional Service and the National Court |
Money judgments
A judgment for the payment of money is enforced by writ of levy of property against the debtor’s goods, by garnishee of debts owed to the debtor including bank accounts, by charging order over shares and land, by appointment of a receiver, and, where a person disobeys an order to do or abstain from doing an act, by committal for contempt. Leave is required for execution more than six years after judgment or where a party has changed.
The Supreme Court order is filed in the National Court proceeding from which the appeal came, and the judgment creditor applies there as on any judgment. Interest runs on the judgment sum under the Judicial Proceedings (Interest on Debts and Damages) Act from the date of the National Court judgment as varied, unless the Supreme Court orders otherwise. See what orders the Supreme Court can make on appeal.
Costs orders
Order 12 Rule 9 of the Supreme Court Rules provides that where costs are not paid within 14 days after service of a sealed copy of the certificate of taxation, the party may enforce them as a judgment, and Division 7 deals with the order for payment. A costs order is enforced like any money judgment, and a lawyer who has personal liability under Rule 11 is enforced against in the same way. See enforcing a Supreme Court costs order.
Judgments against the State
Section 13 of the Claims By and Against the State Act 1996 provides that no execution or attachment shall issue against the property or revenue of the State, and section 14 sets out the procedure: the judgment creditor serves a certificate of judgment on the Solicitor-General, who endorses it, and the Departmental Head responsible for finance pays it from public funds, in full or by instalments. The same applies to a Supreme Court judgment against the State, and to provincial governments under their own legislation. Contempt is not available against the State for non-payment, but mandamus lies against the officer who fails to perform the statutory duty.
Disobedience of a Supreme Court order
Where a person disobeys a Supreme Court order to do or refrain from doing something, the Supreme Court can punish the contempt itself under Order 14 of the National Court Rules, applied by Order 2 Rule 1(g), on a motion supported by affidavit and a statement of charge, with personal service. The National Court can also punish disobedience of a Supreme Court order that has been entered in its proceedings. Contempt is the remedy of last resort and requires proof beyond reasonable doubt. See when a Supreme Court judgment takes effect and what remitting a case means.
Sources
- Supreme Court Act (Chapter 37) — ss 16, 38
- Supreme Court Rules 2012 — O 2 r 1; O 5 rr 44–47; O 11 r 32; O 12 rr 9, 11, Division 7; O 13 r 16
- National Court Rules 1983 — O 13; O 14
- Claims By and Against the State Act 1996 — ss 13, 14
Before relying on anything here, read the current text of the Supreme Court Rules 2012 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.