Western Australian Current Acts Western Australian Current Acts (1) In this section
—
saleable interest , in personal property, means
any legal or equitable interest in the property that can be disposed of
according to law.
(2) A property
(seizure and sale) order made in respect of a judgment debtor —
(a)
applies to any saleable interest that the debtor has in any personal property
at the time when the sheriff receives the order; and
(b)
entitles the sheriff —
(i)
to seize any such property in which the judgment debtor
has a saleable interest and to sell that interest; and
(ii)
to seize any money of the judgment debtor; and
(iii)
to seize any cheque, bill of exchange, promissory note,
bond, specialty, or other security for money, by virtue of which money is or
may be payable to the judgment debtor, and to deal with it in accordance with
section 79; and
(iv)
to apply the proceeds of the sale, the money, and any
money received or recovered under section 79, in accordance with section 72.
(3) The
sheriff’s entitlement applies even if the judgment debtor’s
interest in any personal property is held jointly or in common with another or
others.
(4) If, after the
sheriff receives the order, a person acquires an interest in any personal
property to which the order applies, the person does so subject to the
sheriff’s entitlement in subsection (2) unless, at the time of acquiring
the interest —
(a) the
person acquired it in good faith and for valuable consideration; and
(b) the
person had no notice of the fact that the sheriff had received the order and
that it was in effect.