Delivery of goods
875 Delivery of goods
A writ of delivery, as the judgment or order requires, is to be for – the delivery of the goods; or the recovery of their assessed value – together with any sum recovered by way of damages for detention or costs.
A judgment or order for the delivery of goods or the recovery of their assessed value may be enforced by one or more of the following means:by writ of delivery; committal and sequestration, if rule 876 applies and subject to rule 883; by writ of assistance.
Unless the Court or a judge otherwise orders, in a case to which subrule (1)(a) applies, the writ is to require that if the property cannot be found in the State, the Sheriff is to distrain all the lands and chattels in the State of the defendant until the defendant delivers the property to the plaintiff.
A writ of delivery may include provision for enforcing the payment of money required to be paid by the judgment or order and money recoverable under section 107(1) of the Service and Execution of Process Act 1992 of the Commonwealth.
A judgment or order for the assessed value of goods may be enforced by any of the means referred to in rule 873(2).
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