Western Australian Consolidated Acts

CIVIL JUDGMENTS ENFORCEMENT ACT 2004 - SECT 69

69 .         Place and manner of sale

        (1)         Subject to any order made by a court under this section, the sale under a property (seizure and sale) order of a judgment debtor’s saleable interest in personal or real property —

            (a)         may be conducted —

                  (i)         in the case of personal property — at the place where the property was seized or at any other place, as the Sheriff thinks fit;

                  (ii)         in the case of real property — on the property or at any other place, as the Sheriff thinks fit;

            (b)         must be by public auction; and

            (c)         must not be for less than a fair value of the interest.

        (2)         The Sheriff or the judgment creditor may apply to the court that made a property (seizure and sale) order for an order as to any or all of the following in relation to a saleable interest to which the order applies —

            (a)         that the interest may be sold by public tender;

            (b)         that the interest may be sold by private agreement;

            (c)         that the interest may be sold for an amount that is less than a fair value of the interest.

        (3)         The judgment debtor is entitled to be heard on an application made under subsection (2).

        (4)         The court may make any or all of such orders.

        (5)         When or after making an order under subsection (2)(c) a court may order that the interest not be sold for less than an amount set by the court.