Court Procedures Rules 2006

If an order for the return of goods (the original order) does not give the person against whom the original order is made the option of retaining the goods and paying their value, the court may, on application by the person in whose favour the original order was made, make an order (an order for seizure and delivery of goods) authorising an enforcement officer to seize the goods and deliver them to the person who is entitled to them under the original order.

See approved form 2.71 (Order for seizure and delivery of goods) AF2006-316.

If—

the original order gives the person against whom the original order is made the option of retaining the goods and paying their value; and

the person does not exercise the option;

An application under this rule is made by filing in the court—

a draft of the order sought; and

an affidavit in support of the application.

Part 6.2 (Applications in proceedings) does not apply to an application under this rule.

The draft order and supporting affidavit need not be served on anyone unless the court otherwise orders on its own initiative.

Unless the court otherwise orders on its own initiative, an application under this rule must be dealt with without a hearing and in the absence of the parties.

An order for seizure and delivery of goods may include provision for enforcing the payment of an amount required by the order to be paid.

If—

the original order gives the person against whom the original order is made the option of retaining the goods and paying their value; and

the person exercises the option;