Judgments—detention of goods
1604 Judgments—detention of goods
This rule applies to a proceeding in relation to the detention of goods.
The court may give judgment for the plaintiff against the defendant, in accordance with the plaintiff’s claim for relief, for either—
the return of the goods to the plaintiff, or the retention of the goods by the defendant and payment to the plaintiff of the value of the goods; or
payment to the plaintiff of the value of the goods.
If the court gives judgment for the return of goods, it may state a date before which the return must take place.
If the court gives judgment for the return of goods, but the goods are subsequently damaged, destroyed or otherwise made unavailable for return, the court may, on the plaintiff’s application, order the defendant to pay the value of the goods to the plaintiff.
Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
If the court gives judgment under subrule (2) (a), and the plaintiff subsequently applies for an order under this subrule, the court may make an order for the return of the goods to the plaintiff without the option of the defendant retaining the goods and paying their value.
In this rule:
value, of the goods, means the value assessed by, or in accordance with the directions of, the court.
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