QLDIn ForceRegulation
Uniform Civil Procedure Rules 1999
sec.829Order of selling property
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### sec.829 Order of selling property
An enforcement officer must seize and sell property—
in the order appearing to the enforcement officer to be best for the prompt enforcement of the warrant without undue expense; and
subject to paragraph (a) , in the order appearing to the enforcement officer to be best for minimising hardship to the enforcement debtor and other persons.
However, on the application of an enforcement officer or enforcement creditor, made without notice to an enforcement debtor, the court may order an enforcement officer to seize or sell property in a different order.
An enforcement officer may seize and sell an item of property even though the enforcement officer considers that its value exceeds the amount recoverable, but the enforcement officer must not in that case seize and sell additional items.
r 829 amd 2000 SL No. 127 s 78
(sec.829-ssec.1) An enforcement officer must seize and sell property— in the order appearing to the enforcement officer to be best for the prompt enforcement of the warrant without undue expense; and subject to paragraph (a) , in the order appearing to the enforcement officer to be best for minimising hardship to the enforcement debtor and other persons.
(sec.829-ssec.2) However, on the application of an enforcement officer or enforcement creditor, made without notice to an enforcement debtor, the court may order an enforcement officer to seize or sell property in a different order.
(sec.829-ssec.3) An enforcement officer may seize and sell an item of property even though the enforcement officer considers that its value exceeds the amount recoverable, but the enforcement officer must not in that case seize and sell additional items.
- (a) in the order appearing to the enforcement officer to be best for the prompt enforcement of the warrant without undue expense; and
- (b) subject to paragraph (a) , in the order appearing to the enforcement officer to be best for minimising hardship to the enforcement debtor and other persons.