New South Wales Repealed Acts

This legislation has been repealed.

LOCAL COURTS (CIVIL CLAIMS) ACT 1970 - SECT 28A

28A Judgment in an action relating to the detention of goods

(1) In an action relating to the detention of goods, the court may, if it finds for the plaintiff, give judgment:

(a) for delivery of the goods to the plaintiff, or

(b) for delivery of the goods to the plaintiff, but giving the defendant the option of retaining the goods and paying the plaintiff the value of the goods, as assessed by the court, or

(c) for payment to the plaintiff of the value of the goods, as so assessed,

together with any consequential damages.

(2) Subject to the rules, relief under subsection (1) (a) is at the discretion of the court, but the plaintiff may choose between the other forms of relief prescribed by subsection (1).

(3) If, in an action relating to the detention of goods, judgment is given as referred to in subsection (1) (b), the court, in its discretion, may, on the application of the plaintiff, subsequently make an order for the delivery of the goods to the plaintiff without giving the defendant the option of retaining the goods and paying their assessed value.

(4) The rules may make provision with respect to the manner in which a judgment given as referred to in this section may be enforced or satisfied.