New South Wales Consolidated Acts

WAREHOUSEMEN'S LIENS ACT 1935 - SECT 9A

9A Intermingled goods

(1) This section applies to goods that have been deposited with a warehouseman by their owner, or by his or her authority, and that have become intermingled with other goods of the same kind owned by, or deposited with, the warehouseman so as to form a single bulk quantity ( "the bulk").

(2) Unless the parties otherwise agree:

(a) the owner’s property in the goods becomes property in an undivided share in the bulk, and

(b) the owner becomes an owner in common of the bulk, and

(c) subject to paragraph (d), the owner and warehouseman each have, in relation to the owner’s undivided share in the bulk, the same obligations as they would have had in relation to the goods had they not become part of the bulk, and

(d) the warehouseman’s obligation to deliver the goods to, or to the order of, the owner becomes an obligation to deliver an equivalent quantity of goods out of the bulk to, or to the order of, the owner,

as from the time the goods become part of the bulk.

(3) The owner’s undivided share in the bulk at any time is such share as, at that time, is equivalent to the quantity of goods that have been deposited by the owner less the quantity of goods that have been delivered out of the bulk to, or to the order of, the owner.

(4) If at any time the aggregate of all owners’ undivided shares in the bulk exceeds the whole of the bulk, those shares are to be reduced proportionately so that their aggregate is equal to the bulk.

(5) A person who becomes an owner in common of the bulk is taken to consent to:

(a) any delivery of goods out of the bulk to any other owner in common of the bulk, being goods to which this section applies, and

(b) any dealing with, or removal, delivery or disposal of, goods in the bulk by any other owner in common of the bulk, but only to the extent of that other owner’s undivided share in the bulk.

(6) No cause of action lies against any person by reason of that person’s having acted in accordance with subsection (5) (a) or (b) in reliance on the consent that exists by virtue of that subsection.

(7) This section does not apply to goods deposited with a warehouseman before the commencement of the Sale of Goods and Warehousemen’s Liens Amendment (Bulk Goods) Act 2006 .