Australian Capital Territory Consolidated Acts

SALE OF GOODS ACT 1954 - SECT 43

    (1)     Subject to this Act and to any other law, the unpaid seller of goods, as such, has by implication of law—

        (a)     a lien on the goods for the price while the unpaid seller is in possession of them; and

        (b)     in case of the insolvency of the buyer—a right of stopping the goods in transitu after the unpaid seller has parted with the possession of them; and

        (c)     a right of resale as provided by this Act.

    (2)     Subsection (1) has effect notwithstanding that the property in the goods may have passed to the buyer.

    (3)     If the property in the goods has not passed to the buyer, the unpaid seller has, in addition to his or her other remedies, a right of withholding delivery similar to and coextensive with his or her rights of lien and stoppage in transitu if the property has passed to the buyer.