New South Wales Consolidated Acts

WAREHOUSEMEN'S LIENS ACT 1935 - SECT 5

5 Necessity of notice by warehouseman where goods deposited by person entrusted with possession

(1) Where the goods on which a lien exists were deposited not by the owner or by his or her authority, but by a person entrusted by the owner or by his or her authority with the possession of the goods, the warehouseman shall, within two months after the date of the deposit, give notice of the lien:

(a) to the owner of the goods, including any person who has served upon the warehouseman a prescribed notice of his or her claim to be the owner of the goods or of some interest therein, and

(b) to the grantee of the goods under any security instrument registered at the date of the deposit under the Security Interests in Goods Act 2005 .

(2) The notice shall be in writing and contain:

(a) a brief description of the goods, and

(b) a statement showing the location of the warehouse where the goods are stored, the date of their deposit with the warehouseman, and the name of the person by whom they were deposited, and

(c) a statement that a lien is claimed by the warehouseman in respect of the goods under this Act, and

(d) such other particulars as are prescribed.

(3) The notice may be given personally or by registered post.

(4) Where the warehouseman fails to give the notice required by this section, his or her lien, as against the person to whom he or she has failed to give notice, shall be void as from the expiration of the period of two months from the date of the deposit of the goods.