(cf DCR Part 36, rule 13; LCR Part 30A, rule 16)
(1) A judgment creditor at whose request a writ for the levy of property has been issued may file--(a) evidence of an agreement with the judgment debtor as to the amount of the judgment creditor's costs of the execution, or(b) a notice of motion for the assessment of those costs.
(2) Any evidence or notice of motion referred to in subrule (1) must be filed within 2 months after the receipt by the issuing registrar of--(a) the proceeds of sale of any land, or(b) any money under section 113(5) of the Civil Procedure Act 2005 , or(c) any money under rule 39.25,or within such further time as may be consented to in writing by the judgment debtor.
(3) If the judgment creditor files any evidence or notice in accordance with subrule (2), the registrar must as soon as practicable pay to the judgment debtor any money held by the registrar over and above the amount necessary to satisfy the writ for the levy of property.
(4) If the judgment creditor--(a) does not file any evidence or notice in accordance with subrule (2), and(b) does not within the time allowed in that regard advise the registrar of any consent by the judgment debtor to extend that time,the registrar may pay to the judgment debtor any money mentioned in subrule (2) and held by the registrar over and above the total of the amount necessary to satisfy the judgment (including interest) and the costs of the execution (other than solicitor's profit costs) then known to the registrar.
(5) The registrar must pay to the judgment creditor any money referred to in this rule that the registrar is not by this rule required to pay to the judgment debtor.
(6) Nothing in this rule affects the right of the judgment creditor to recover against the judgment debtor the costs of execution of the writ for the levy of property.