Section 174 — District Court Act 2016: Immunity of bailiff who sells without notice of claim to goods

174 Immunity of bailiff who sells without notice of claim to goods (1) Except under subsection (2), no person has any claim against a bailiff or any person acting under a bailiff’s authority (an agent ) for the sale of goods seized under a warrant to seize property or for the payment of the proceeds of the sale. (2) The immunity of a bailiff or agent set out in subsection (1) does not apply if the bailiff or agent, before the goods were sold or the proceeds paid, knew or ought reasonably to have known that the goods were not the property of the judgment debtor. (3) Nothing in this section affects the right of a person who proves that the person had an ownership or other proprietary interest in the goods at the time of sale to a remedy against any person other than the bailiff. Compare: 1947 No 16 s 90(1)(b), (2)