WA PSSO and Sale Period Expiry

Discussion in 'Debt and Bankruptcy Law Forum' started by 6pac, 12 August 2019.

  1. 6pac

    6pac Member

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    I have been researching this issue for some time but to date have been unable to come up with a conclusive answer to the questions below. One example application I found, was quite specific in its wording so as to include the PSSO date in with the sale date. Example quoted:

    "2. Pursuant to subsection 102(4) of the Civil Judgments Enforcements Act 2004 (WA) the PSSO be extended to expire at the same time as the extended sale period".

    My questions are:

    1. Does the granting of the “sale period” extension under Section 133(13) of the Transfer of Land Act 1893 (WA) automatically extend the life of a registered PSSO?

    2. Can a "sale period" extension be granted if the originating PSSO has expired, even if it is applied for within the extended sale period, given that a PSSO only has an original life of 12 months?

    I understand that the "sale period" can extend past the 12 month period of the PSSO, but specifically, can a new extension be applied for after the expiry?

    3. If yes to question 2, how many times can a sale period extension be granted? (given that the two aforementioned acts are the only relevant legislation. These acts seem to lack specificity)

    4. If no to question 2, what effect would this have on any subsequent extension orders granted outside of the time limits of the original PSSO? i.e.: are they void?

    These questions are quite specific, as it would seem that if a sale period can simply go on being extended, even though the originating PSSO has expired, then the action could effectively continue ad infinitum, provided the new sale period is applied for prior to the current one expiring.

    In which case, why would there be any need to have any expiry on a PSSO or any provision, subsection 102(4) of the Civil Judgments Enforcements Act 2004 (WA), to extend it?

    Thank you in advance for any help.

    It is very much appreciated.
     
  2. 6pac

    6pac Member

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    No-one knows?
     
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