Australian Capital Territory Consolidated Acts

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MERCANTILE LAW ACT 1962 - SECT 29

Notice provisions—substantial compliance

Where—

        (a)     a notice of lien or a notice of intention to sell purports to have been given under this part but the provisions of this part with respect to the giving of the notice have not been strictly complied with; and

        (b)     a court before which a question respecting the notice is tried or inquired into considers that—

              (i)     those provisions have been substantially complied with; or

              (ii)     it would be inequitable that the lien or sale should be deemed to be void by reason of the noncompliance;

an objection to the sufficiency of the notice shall not be allowed to prevail so as to release or discharge the goods from the lien or vitiate the sale.



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