Western Australian Current Acts

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119 .         Mortgagee may seek court order as to money recovered by mortgagor in action

        (1)         Any mortgagee or his transferee may either before or after judgment or execution obtained in any action at law brought by the mortgagor or his transferee apply to a judge for a summons in such action calling on the plaintiff and defendant or their attorneys or agents to attend before a judge and show cause why any sum beyond $50 which shall have been or shall be recovered for damages in such action or which shall become payable on the settlement thereof should not be paid to such persons and for such purposes as are hereinbefore mentioned with respect to money payable under any decree or order in any action by the mortgagor or his transferee; and the judge hearing the summons shall determine the matter thereof in a summary manner, and shall make such order therein as to costs and all other matters as may appear to be just and reasonable; and the decision of such judge shall be final and conclusive against all parties.

        (2)         Every order made in pursuance of this section shall be liable to be rescinded or altered by the court in like manner as other orders made by a single judge.

        [Section 119 amended: No. 113 of 1965 s. 4; No. 59 of 2004 s. 140; No. 19 of 2010 s. 51.]

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