Victorian Consolidated Legislation

Goods Act 1958 - SECT 30

Seller in possession after sale

30. Seller in possession after sale

Where a person having sold goods continues or is in possession of the goods or
of the documents of title to the goods the delivery or transfer by that person
or by a mercantile agent acting for him of the goods or documents of title
under any sale pledge or other disposition thereof to any person receiving the
same in good faith and without notice of the previous sale shall have the same
effect as if the person making the delivery or transfer was expressly
authorized by the owner of the goods to make the same. For the purposes of
this and the next succeeding section the transfer of a document of title to
goods may be by indorsement or where the document is by custom or by its
express terms transferable by delivery or makes the goods deliverable to
bearer then by delivery and a person shall be deemed to be in possession of
goods or of the documents of title to goods where the goods or documents are
in his actual custody or control or are held by any other person subject to
his control or for him or on hi s behalf.