South Australian Consolidated Acts

UNCLAIMED GOODS ACT 1987 - SECT 7

7—Claim made by bailor after commencement of proceedings under this Act

        (1)         Subject to subsection (2), where a bailee has commenced proceedings for the sale or disposal of goods under this Act but before the goods are sold or disposed of the bailor claims the goods, the bailee must not proceed with the sale or disposal of the goods, and must hand then over to the bailor.

        (2)         The bailee may, before handing over goods under subsection (1), require the bailor to pay—

            (a)         the reasonable costs incurred by the bailee in proceeding under this Act;

            (b)         the reasonable costs incurred by the bailee in storing and maintaining the goods after the date on which the bailor should have collected or taken delivery of them;

            (c)         the amount of any lien that the bailee has over the goods.

        (3)         If at the expiration of 42 days after the bailee has rendered a written account of the amounts claimed under subsection (2) the bailor has not paid those amounts, the bailee may, subject to subsection (4), proceed to sell or dispose of the goods.

        (4)         The bailor may apply to the Court for review of an account rendered under subsection (3) and, in that event—

            (a)         the goods must not be sold or disposed of until the review has been completed; and

            (b)         the Court may, on the review, disallow the bailee's charges in whole or in part.