Victorian Consolidated Legislation

Goods Act 1958 - SECT 46

Unpaid seller's rights

46. Unpaid seller's rights



(1) Subject to the provisions of this Part and of Part II and of any Act in
that behalf, notwithstanding that the property in the goods may have passed to
the buyer, the unpaid seller of goods as such has by implication of law-

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

   (b)  in case of the bankruptcy of the buyer a right of stopping the goods
        in transitu after he has parted with the possession of them;

   (c)  a right of re-sale as limited by this Part.





(2) Where the property in goods has not passed to the buyer the unpaid seller
has in addition to his other remedies a right of withholding delivery similar
to and co-extensive with his rights of lien and stoppage in transitu where the
property has passed to the buyer.

Unpaid Seller's Lien