Victorian Consolidated Legislation

Second-Hand Dealers and Pawnbrokers Act 1989 - SECT 24

PART 4 DISPUTES AS TO THE OWNERSHIP OF GOODS

Magistrates' Courts to determine disputes

24. Magistrates' Courts to determine disputes



(1) A person claiming to be entitled to the possession of goods in the
possession or under the control of a second-hand dealer or pawnbroker, being
second-hand goods or goods in pawn, may apply to the Magistrates' Court for an
order for delivery of the goods.

(2) An application-

   (a)  may be made without notice to any other person; and

   (b)  must be supported by evidence on oath or by affidavit.

(3) If satisfied by the supporting evidence that the applicant may be entitled
to possession of the goods, the Court constituted by a Registrar of the Court
may make both of the following orders-

   (a)  an order directing the second-hand dealer or pawn broker to deliver
        the goods to the applicant;

   (b)  an order directing the second-hand dealer or pawnbroker to refrain
        from altering the form of the goods and from disposing of them in any
        way except in accordance with an order under paragraph (a).

(4) Subject to this section, an order under subsection (3)(b) takes effect on
service, and an order under subsection (3)(a) takes effect 21 days after
service.





(5) The orders under subsection (3) must be served on the second-hand dealer
or pawnbroker in the same way as a summons to answer to a charge, and service
may be proved in the same way as service of a summons to answer to a charge.



* * * * *



(7) If within 21 days after service of an order under subsection (3)(a) the
second-hand dealer or pawnbroker lodges an objection with the Court-

   (a)  the order lapses and is and will be of no effect; and

   (b)  the matter of who is entitled to possession of the goods must be
        determined by the Court constituted by a magistrate.

(8) The Court-

   (a)  may make an order directing the second-hand dealer or pawnbroker to
        deliver the goods to the applicant; or

   (b)  may make an order directing the second-hand dealer or pawnbroker to
        pay the applicant the value of the goods as assessed by the Court; or

   (c)  may dismiss the matter and rescind the order under subsection (3)(b).

(9) An order made under subsection (3)(b) lapses on-

   (a)  the expiry of 6 months after the day on which it was made; or

   (b)  the making of an order under subsection (8)-

whichever is earlier.