Supreme Court Rules 2000

A writ of fieri facias may be issued and executed in the same cases and in the same manner as it was immediately before these rules took effect.

Subject to subrules (3) and (4), if it appears to the Sheriff that property subject to levy under a writ is more than sufficient to satisfy the amount to be levied, the Sheriff is to take or sell so much of the property as appears to be sufficient.

Subject to subrule (4), the Sheriff is to take or sell property – in the order as appears best for the prompt execution of the writ without undue expense; and subject to paragraph (a), in the order the debtor directs in writing; and subject to paragraphs (a) and (b), in the order as seems to the Sheriff best for minimising hardship to the debtor or other persons.

If there is a reasonable possibility of satisfying the amount to be levied out of the personal property of the debtor, the Sheriff is to sell the personal property before proceeding to sell real property unless there is a contrary direction by the Court or a judge.

The Court or a judge may order that property subject to levy under the writ be taken or sold otherwise than in accordance with this rule.