New South Wales Consolidated Acts

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CIVIL PROCEDURE ACT 2005 - SECT 127

Unauthorised transfer or disposal of security interest under charging order

127 Unauthorised transfer or disposal of security interest under charging order

(cf Act No 8 1901, section 29)

(1) A chargee or other person who, having notice of a charging order, deals with any security interest charged by the order otherwise than in accordance with the directions of the judgment creditor is liable to the judgment creditor for such amount (not exceeding the value of the security interest) as may be necessary to satisfy the judgment.
(2) This section does not prevent the court from granting the judgment creditor, as a consequence of the chargee or other person having dealt with the security interest, any relief that is available apart from this section.



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