A warrant for possession can only be executed once – Part II

Further to the post below, it appears to be possible to obtain leave of the Court to issue a fresh warrant: see Perpetual Ltd v Field [2010] VSC 445.

This prevents the need for a new proceeding.  However, it appears that a court appearance is still required (see paragraph [11] of the judgment above).

Thanks to my colleague Jordon Ross for alerting me to this case.

About Sam Hopper

Sam is a property and insolvency barrister.

View all posts by Sam Hopper

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