Commonwealth Consolidated Regulations

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FEDERAL CIRCUIT COURT RULES 2001 - RULE 25B.28

Sale of property at reasonable price

             (1)  An enforcement officer must, in good faith and with reasonable care having regard to all circumstances relevant to the sale of property seized under an Enforcement Warrant, fix a reasonable price for the property.

             (2)  For subrule (1), circumstances relevant to the sale price of real property seized under an Enforcement Warrant include:

                     (a)  the current value of the property, as provided to the enforcement officer under subparagraph 25B.31(1)(b)(vi); and

                     (b)  the amount of the highest bid received for the property at any auction of the property.

Note:          The enforcement officer or payee may apply, after giving notice to the payer, for an order entitling the enforcement officer to sell the property for the best price obtainable (see rule 25B.32).



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