Victorian Current Acts

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GOODS ACT 1958 - SECT 83A

Goods sold in execution

S. 83A(1) amended by No. 57/1989 s. 3(Sch. item 86.4).

    (1)     The buyer of any goods sold in pursuance of any writ warrant or other process of execution issued out of any court shall acquire a good title to the goods if he buys them in good faith and without notice of any defect or want of title in the judgment debtor.

    (2)     No person charged with the execution of any writ warrant or other process of execution issued out of any court shall be in any way liable in respect of the sale of any goods seized in satisfaction thereof or for paying over the proceeds of any such sale unless it is proved that such person had notice, or might by making reasonable inquiry have ascertained, that the goods were not the property of the judgment debtor.

    (3)     Where goods are sold as aforesaid the provisions of this section shall not in any way limit or affect any right or remedy the previous owner of the goods may have or bring otherwise than against the goods or against any person charged with the execution of the writ warrant or other process under which the goods are sold.

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Pt 4
(Heading and ss 84–119) repealed [4] , new Pt 4 (Heading and ss 8488) inserted by No. 63/2010 s. 17.

PART IV—VIENNA CONVENTION

New s. 84 inserted by No. 63/2010 s. 17.



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