Civil Judgments Enforcement Act 2004

The sheriff is to apply the money from the sale of any property by the sheriff under a property (seizure and sale) order (the proceeds) in accordance with this section.

Firstly, the proceeds are to be applied in the payment of the expenses of, and incidental to, the sale and any attempted sale of the property.

Secondly, the proceeds are to be applied in payment of the fees, expenses, or other amounts, that are paid or payable under this Act or another written law in connection with enforcing the judgment.

Thirdly, the proceeds are to be applied —

if there is only one judgment creditor who had an operative property (seizure and sale) order on the date of the sale of the property — in payment to the judgment creditor of an amount sufficient to satisfy the judgment debt;

if there is more than one judgment creditor who had an operative property (seizure and sale) order on the date of the sale of the property — in payment to them according to the priorities of their orders determined —

in the case of the proceeds of a sale of personal property under Subdivision 2  — in accordance with subsection (6);

in the case of the proceeds of a sale of real property under Subdivision 3 — in accordance with subsection (7).

Fourthly, the proceeds are to be applied in the payment of any surplus to the judgment debtor.

For the purposes of subsection (4)(b)(i) the proceeds are to be paid to those judgment creditors who obtained property (seizure and sale) orders in priority according to the order in which their orders were received by the sheriff.

For the purposes of subsection (4)(b)(ii) the proceeds are to be paid —

in the case of the proceeds of a sale of a saleable interest that is registered under the Transfer of Land Act 1893 in respect of land under the operation of that Act —

firstly, to each judgment creditor who, under section 133 of that Act, registered a property (seizure and sale) order in respect of the interest, in priority according to the order in which the orders were registered under that section; and

secondly, to each judgment creditor who did not register a property (seizure and sale) order under that section in respect of the interest, in priority according to the order in which the orders were received by the sheriff;

in the case of the proceeds of a sale of a saleable interest that is not registered under the Transfer of Land Act 1893 in respect of land under the operation of that Act — to each judgment creditor in priority according to the order in which the property (seizure and sale) orders were received by the sheriff;

in the case of the proceeds of a sale of a saleable interest in land that is not under the operation of the Transfer of Land Act 1893 —

firstly, to each judgment creditor who, under the Registration of Deeds Act 1856, registered a property (seizure and sale) order in respect of the interest, in priority according to the order in which the orders were registered under that Act; and

secondly, to each judgment creditor who did not register a property (seizure and sale) order under that Act in respect of the interest, in priority according to the order in which the orders were received by the sheriff.