Northern Territory Consolidated Regulations

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SHERIFF REGULATIONS - REG 5

Mode of sale

    (1)     Unless the Court or a Judge otherwise directs, all property real or personal taken in execution shall be offered for sale by the sheriff by public auction, and, unless directed as aforesaid, shall not be offered for sale in any house or premises licensed for the sale of liquor or registered for betting.

    (2)     The property may be sold in one lot or in several lots.

    (3)     Unless the Court or a Judge otherwise directs, every sale shall be for cash on delivery, conveyance, assignment or transfer.

    (4)     Subject to subregulation (5), a sale shall be of the estate, right, title or interest only of the party against whom the warrant of execution has been issued in the chattels or land put up for sale.

    (5)     With the consent in writing of any other person having any estate, right, title, or interest in the chattels or land, the sale may be also of the estate, right, title or interest of that other person if:

        (a)     the sheriff is of opinion that such a course is desirable in order to obtain a more satisfactory sale under the warrant; and

        (b)     that other person and the judgment creditor and the judgment debtor have agreed in writing upon the proportion in which the net proceeds of the sale are to be divided.



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