NSWIn ForceAct
Civil Procedure Act 2005
132Sheriff may appoint custodian for goods
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#### 132 Sheriff may appoint custodian for goods
132 Sheriff may appoint custodian for goods
(cf Act No 9 1973, section 109 (9))
> > (1) After seizing a judgment debtor’s goods pursuant to a writ of delivery or writ for the levy of property, the Sheriff, by notice in writing served on—
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> > > (a) the judgment debtor, or
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> > > (b) any other person who has the custody of the goods,
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> > may appoint the judgment debtor or other person as custodian of the goods pending their delivery or sale under the writ.
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> > (2) A custodian so appointed, and any other person aware that a custodian is so appointed, must not—
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> > > (a) sell, give or otherwise deal with the goods, or
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> > > (b) damage or destroy the goods, or
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> > > (c) hide or remove the goods, or
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> > > (d) cause, permit or allow the goods to be sold, given or otherwise dealt with, damaged or destroyed or hidden or removed,
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> > otherwise than with the leave of the court or the written consent of the Sheriff.
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> > Maximum penalty—50 penalty units.
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> > (3) Prosecution of a person for an offence under subsection (2) does not prevent any other proceedings from being taken against the person in respect of an alleged failure to comply with a duty arising from the person’s appointment as a custodian of goods.
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> **pt 2A, divs 1–6 (ss 18A–18O):** Ins 2010 No 135, Sch 6.2 \[2\]. Rep 2013 No 1, Sch 1.6 \[2\].