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Court Procedures Rules
1604Judgments—detention of goods
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1604 Judgments—detention of goods
(1) This rule applies to a proceeding in relation to the detention of goods.
(2) The court may give judgment for the plaintiff against the defendant,
in accordance with the plaintiff’s claim for relief, for either—
(a) the return of the goods to the plaintiff, or the retention of the
goods by the defendant and payment to the plaintiff of the value
of the goods; or
(b) payment to the plaintiff of the value of the goods.
(3) If the court gives judgment for the return of goods, it may state a date
before which the return must take place.
(4) If the court gives judgment for the return of goods, but the goods are
subsequently damaged, destroyed or otherwise made unavailable for
return, the court may, on the plaintiff’s application, order the
defendant to pay the value of the goods to the plaintiff.
(5) If the court gives judgment under subrule (2) (a), and the plaintiff
subsequently applies for an order under this subrule, the court may
make an order for the return of the goods to the plaintiff without the
option of the defendant retaining the goods and paying their value.
value, of the goods, means the value assessed by, or in accordance
with the directions of, the court.
Rule 1605