In forceAmended2020 Revised Edition

Contents

Insolvency, Restructuring and Dissolution Act 2018 · 2020 Revised Edition · Part 8 · Winding Up

207. Duties of bailiff as to goods taken under or pursuant to enforcement order

Amended

Last amended by an amending law of 2021.

(1)

Subject to subsection (3), where any goods of a company are taken under or pursuant to an enforcement order and, before the sale of the goods or the completion of the execution of the enforcement order by the receipt or recovery of the full amount of the levy, notice is served on the bailiff that —

(a)

a provisional liquidator has been appointed;

(b)

a winding up order has been made; or

(c)

a resolution for voluntary winding up has been passed,the bailiff must, if required by the liquidator, deliver the goods and any money seized or received in part satisfaction of the enforcement order to the liquidator, but —

(d)

the costs of the execution of the enforcement order are a first charge on the goods or moneys so delivered; and

(e)

the liquidator may sell the goods, or a sufficient part of the goods, for the purpose of satisfying that charge.

(2)

Subject to subsection (3), where under an execution in respect of a judgment for a sum exceeding $100 the goods of a company are sold or money is paid in order to avoid sale —

(a)

the bailiff must deduct the costs of the execution of the enforcement order from the proceeds of the sale or the money paid and retain the balance for 14 days; and

(b)

if within that time notice is served on the bailiff of an application for the winding up of the company having been made, or of a meeting having been called at which there is to be proposed a resolution for the voluntary winding up, and an order is made or a resolution is passed for the winding up, the bailiff must pay the balance to the liquidator, who is entitled to retain the balance as against the enforcement creditor.

(3)

The rights conferred by this section on the liquidator may be set aside by the Court in favour of the creditor to such extent and subject to such terms as the Court thinks fit.