New South Wales Consolidated Acts

CIVIL PROCEDURE ACT 2005 - SECT 106

106 Judgments for payment of money

(cf Act No 9 1973, section 109; Act No 8 1901, sections 4 and 5)

(1) A judgment debt may be enforced by means of any one or more of the following--

(a) a writ for the levy of property,

(b) a garnishee order,

(c) in the case of a judgment of the Supreme Court or the District Court, a charging order.

(2) Subject to the uniform rules, a writ for the levy of property is sufficient authority for the Sheriff--

(a) to seize and to sell goods of or to which the judgment debtor is or may be possessed or entitled or which the judgment debtor may, at law or in equity, assign or dispose of, and

(b) to seize money belonging to the judgment debtor, and

(c) to seize and to realise cheques, bills of exchange, promissory notes, bonds, specialties or other securities for money belonging to the judgment debtor, and

(d) to enter into possession of, and to sell, land of or to which the judgment debtor is seized or entitled, or which the judgment debtor may, at law or in equity, assign or dispose of, and

(e) to take and to sell choses in action or equitable interests in goods or land held by the judgment debtor.

(3) The power conferred on the Sheriff by subsection (2) (a) may not be exercised in relation to any property referred to in section 116 (2) of the Bankruptcy Act 1966 of the Commonwealth. For that purpose, a reference in section 116 (2) of that Act to the property of the bankrupt is taken to be a reference to the goods of the judgment debtor.

(4) For the purposes of subsection (2) (d), the Sheriff is taken to have entered into possession of land when notice of the proposed sale of the land is published in accordance with the uniform rules.

(4A) The power conferred on the Sheriff by subsection (2) (a) may not be exercised if, in the opinion of the Sheriff, the cost of the seizure, storage or sale of the goods would likely exceed the sale price of the goods.

(5) The power conferred on the Sheriff by subsection (2) (d) may not be exercised in relation to land if the amount outstanding under the judgment is less than the jurisdictional limit of the Local Court when sitting in its Small Claims Division.

(6) A garnishee order or charging order addressed to the Crown binds the Crown as garnishee or chargee, as the case requires.

Note--: Divisions 2, 3 and 4, respectively, apply to the enforcement of writs for the levy of property, garnishee orders and charging orders.