New South Wales Consolidated Acts

CIVIL PROCEDURE ACT 2005 - SECT 132

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--

(a) the judgment debtor, or

(b) any other person who has the custody of the goods,

may appoint the judgment debtor or other person as custodian of the goods pending their delivery or sale under the writ.

(2) A custodian so appointed, and any other person aware that a custodian is so appointed, must not--

(a) sell, give or otherwise deal with the goods, or

(b) damage or destroy the goods, or

(c) hide or remove the goods, or

(d) cause, permit or allow the goods to be sold, given or otherwise dealt with, damaged or destroyed or hidden or removed,

otherwise than with the leave of the court or the written consent of the Sheriff.

: Maximum penalty--50 penalty units.

(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.