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r 44.08

Advertisement of sale

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Chapter 2Rules for enforcement of orders
Part 44Warrant of seizure and sale

44.08 Advertisement of sale

(1) Before putting property up for sale under a warrant of seizure and sale, the bailiff must advertise the sale by giving notice of the date, time and place of sale, and of particulars of the property, in the manner the bailiff considers best to achieve publicity.

(2) The bailiff is to advertise the sale of land only when he or she is reasonably satisfied that a sealed copy of the warrant of seizure and sale has been served on the Registrar-General and that a memorial of the warrant has been entered on the original Certificate of Title under the Land Title Act 2000.

(3) An advertisement relating to the intended sale of land is to include:

(a) a description of the land, including its location, in terms that will enable interested persons to identify it;

(b) a statement in general terms of the improvements (if any) that the bailiff believes to be on the land;

(c)

a statement of the last known address of the judgment debtor; and

(d) a statement of the judgment debtor's interest in the land according to the Register under the Land Title Act 2000 and of the entries in the Register that affect or may affect the land.

(4) The judgment creditor must serve a copy of the advertisement referred to in subrule (3) personally on the judgment debtor not later than 14 days before the date of the proposed sale.

(5)

The Court may dispense with service under subrule (4).

Part 45 Warrant of delivery

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