Court Procedures Rules 2006

An enforcement officer must seize and sell property under a seizure and sale order—

in the order appearing to the enforcement officer to be best for the prompt enforcement of the order without unnecessary expense; and

subject to paragraph (a), in the order appearing to the enforcement officer to be best for minimising hardship to the enforcement debtor or other people; and

subject to paragraphs (a) and (b), by seizing and selling personal property before real property unless—

the enforcement debtor asks for real property to be sold before personal property; or

the court otherwise orders on application by the enforcement debtor, the enforcement creditor or the enforcement officer.

Pt 6.2 (Applications in proceedings) applies to an application for an order otherwise ordering.

An enforcement officer may seize and sell an item of property under a seizure and sale order even though its value appears to exceed the amount recoverable under the order, but must not seize or sell additional items of property.