Victorian Consolidated Legislation

Goods Act 1958 - SECT 83A

Goods sold in execution

83A. Goods sold in execution





(1) The buyer of any goods sold in pursuance of any writ warrant or other
process of execution issued out of any court shall acquire a good title to the
goods if he buys them in good faith and without notice of any defect or want
of title in the judgment debtor.

(2) No person charged with the execution of any writ warrant or other process
of execution issued out of any court shall be in any way liable in respect of
the sale of any goods seized in satisfaction thereof or for paying over the
proceeds of any such sale unless it is proved that such person had notice, or
might by making reasonable inquiry have ascertained, that the goods were not
the property of the judgment debtor.

(3) Where goods are sold as aforesaid the provisions of this section shall not
in any way limit or affect any right or remedy the previous owner of the goods
may have or bring otherwise than against the goods or against any person
charged with the execution of the writ warrant or other process under which
the goods are sold.

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