ACTIn ForceRegulation
Court Procedures Rules
2215Seizure and sale order—agreements to withdraw and
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2215 Seizure and sale order—agreements to withdraw and
re-enter
(1) This rule applies if property has been seized under a seizure and sale
order and the enforcement creditor—
(a) enters into an arrangement with the enforcement debtor that an
enforcement officer may withdraw from and re-enter possession
of the property; and
(b) tells the enforcement officer about the arrangement; and
Rule 2216
(c) asks the enforcement officer to withdraw from possession of the
(2) The enforcement officer must withdraw from possession of the
property and suspend enforcement of the seizure and sale order.
(3) However, the enforcement officer may, if asked in writing by the
enforcement creditor, re-enter possession of the property and resume
enforcement of the seizure and sale order.
(4) If property has been seized under a seizure and sale order and the
enforcement creditor, without telling the enforcement officer about
the arrangement mentioned in subrule (1), asks an enforcement
officer to withdraw from possession or suspend enforcement of the
order, other than for the purpose of postponing a sale for a reasonable
time—
(a) the enforcement creditor is taken to have abandoned the
enforcement of the order; and
(b) the enforcement officer must withdraw from possession of the
property and return the order to the enforcement creditor.
(5) Subrule (4) does not apply if the court otherwise orders on application
by the enforcement creditor.