Following the sale of a mortgaged property, surplus proceeds were interpleaded.
Several execution creditors sought distribution of the funds based on writs existing at the time of the sale.
The respondent ex-spouse brought a motion seeking priority for a family law support order obtained five years after the sale, and to set aside one of the execution creditor's default judgments.
The court dismissed the ex-spouse's motions, holding she lacked standing to collaterally attack the default judgment and that under the Creditors' Relief Act, 2010, a support order made after the creation of the fund cannot take priority over executions existing at the date of sale.
The court granted a motion by one bank to renew its writ nunc pro tunc and ordered the funds distributed among the execution creditors.
