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MAGISTRATES COURT (CIVIL DIVISION) RULES 1998 - REG 132 Sale of property

MAGISTRATES COURT (CIVIL DIVISION) RULES 1998 - REG 132

Sale of property

(1)  A bailiff may sell a judgment debtor's interest in any property after the expiration of a period of 7 days from the date the property is seized under rule 130 .
(2)  Property may be sold –
(a) by public auction conducted by a private auctioneer or the bailiff; or
(b) in a manner directed by the Court.
(3)  Not less than 3 days before a sale is held, the bailiff is to advertise the sale in a daily newspaper circulating generally in the area in which the sale is to be held.
(4)  A bailiff or any person employed in the same business or organisation as the bailiff must not directly or indirectly purchase at the sale any property seized by that bailiff.
Penalty:  Fine not exceeding 10 penalty units.
(5)  A bailiff may execute any necessary documents to transfer a judgment debtor's interest in any property sold under the warrant.
(6)  The execution of any documents under subrule (5) has the effect of fully transferring to the purchaser any interest of the judgment debtor in the property sold.