Section 178 — District Court Act 2016: Sale of goods subject to third party claim

178 Sale of goods subject to third party claim (1) Unless a claimant to or in respect of goods seized under a warrant to seize property complies with subsection (2), the bailiff must— (a) sell the goods as if no claim had been made; and (b) pay the proceeds into court pending a decision on the claim. (2) To halt the sale of the goods under subsection (1), a claimant may— (a) deposit with the bailiff— (i) the amount of the value of the goods; or (ii) the amount that the bailiff may charge for the custody of the goods pending a decision on the claim; or (b) give the bailiff, in the manner prescribed in the rules, security for the value of the goods. (3) The bailiff must pay the amount of the value of the goods deposited under subsection (2)(a)(i) into court pending a decision on the claim. (4) If the amount of the value of the goods is disputed, that amount must be fixed by appraisement in the prescribed manner. (5) The purchaser of goods sold under this section obtains good title to the property free of all ownership interests and other proprietary interests held in the property before that sale. Compare: 1947 No 16 s 93