Judgments for detention of goods
93 Judgments for detention of goods
In proceedings for the detention of goods, the court may (whether or not their value has yet been assessed) give judgment—
for their delivery to the plaintiff, or
for payment to the plaintiff of an amount equivalent to their assessed value, or
for their delivery to the plaintiff or for payment to the plaintiff of their assessed value, at the defendant’s option,
and, in addition to any judgment referred to in paragraph (a), (b) or (c), may also give judgment for payment to the plaintiff of damages for their detention.
The court may, in an order for delivery of goods or in a subsequent order, specify the date by which delivery of the goods must be effected.
If judgment has been given as referred to in subsection (1) (a), but the goods are subsequently damaged, destroyed or otherwise rendered unavailable for delivery, the court may, on application by the plaintiff, make an order for the payment to the plaintiff of an amount equivalent to their assessed value, as referred to in subsection (1) (b).
If judgment has been given as referred to in subsection (1) (c) and the plaintiff subsequently applies for an order under this subsection, the court may make an order for the delivery of the goods to the plaintiff without the option for any payment of the kind referred to in subsection (1) (b).
In this section, the assessed value of goods is their value as assessed by, or in accordance with the directions of, the court.
This Act’s bill:Explanatory memorandumSecond reading speech
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