South Australian Consolidated Acts

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ENFORCEMENT OF JUDGMENTS ACT 1991 - SECT 16

16—Rights of purchaser of property sold in execution

        (1)         The purchaser of property sold by authority of a court acquires a good title to the property subject only to registered interests and interests of which public notice has been given pursuant to statute.

        (2)         If, before the date of sale of property, a person claims to have an unregistered interest in the property, and gives notice of the claim in accordance with the rules of the relevant court, the sheriff must, if the claim is not disputed or the court orders the sheriff to recognise the validity of the claim—

            (a)         pay the claimant out of the proceeds of the sale of the property, a sum sufficient to satisfy the claim; or

            (b)         where appropriate to do so, withdraw the property from sale and give possession of it to that person.



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