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s 62

Property (seizure and sale) order, duration of

In force
Part 4Enforcing monetary judgments
Division 6Seizing and selling a judgment debtor’s property
Subdivision 1General

62 Property (seizure and sale) order, duration of

(1)

A property (seizure and sale) order ceases to operate —

(a)

when the judgment debt in relation to which it was made is satisfied; or

(b)

when under section 102 it ceases to operate; or

(c)

when an order cancelling it has effect under section 103,

whichever happens first.

(2)

If —

(a)

a property (seizure and sale) order is registered under the Transfer of Land Act 1893 section 133; and

(b)

the sale period referred to in that section in respect of the order expires at a time after the order ceases to operate under section 102,

the property (seizure and sale) order is to be taken to remain in operation until the sale period expires, despite section 102.

(3)

If a property (seizure and sale) order ceases to operate before any property seized under it is sold, the property must be released and returned to a person who is entitled to its possession.

[Section 62 amended: No. 5 of 2008 s. 9.]

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