sec.10Right of bailee to apply for order to sell goods

sec.10 Right of bailee to apply for order to sell goods

Where goods accepted pursuant to a bailment in relation to which this Act applies are ready for re-delivery and the bailor— fails to pay or tender to the bailee the bailor’s charges in relation to the goods; or having paid those charges, fails to take delivery of the goods or, if the terms of the bailment so provide, to give directions for their delivery; and the bailee complies— with section 6 (1) (a) (where applicable) and section 6 (1) (b) ; or where the goods were accepted for inspection, custody, storage, repair or other treatment before the commencement of this Act, and bailee does not, at the commencement of this Act, know any address of the bailor—with section 8 (1) (a) and (b) ; the bailee may, subject to this part, make an application for an order under section 11 to sell the goods. An application for an order under section 11 in respect of goods referred to in subsection (1) may be made whether or not at the date referred to in section 6 (1) (c) the amount which the bailee claims to be due to the bailee by way of the bailee’s charges in relation to the goods exceeds the sum of $100. No application for an order to sell the goods under section 11 shall be made while a dispute to which section 7 (1) relates remains undetermined. No application for an order under section 11 to sell the goods shall be made before the expiration of the period of 6 months beginning with the date of giving of the notice under section 6 (1) (b) that the goods are ready for re-delivery or if more than 1 such notice was given, beginning with the date of the giving of the later or latest of the notices, or unless the bailee, not less than 28 days before the application is made— gives to the bailor a notice of the bailee’s intention to apply for an order to sell the goods under section 11 , being a notice complying with the requirements of subsection (7) ; and gives such a notice to every other person who, at the time the bailee gives the notice to the bailor, the bailee actually knows has or claims an interest in the goods; and causes such a notice to be published— in a newspaper published in Brisbane and circulating throughout the State; and in a newspaper (if any) published in the district in which are situated the premises where the goods were accepted for inspection, custody, storage, repair or other treatment; and where the goods are a motor vehicle—in the gazette. Where the bailee of goods accepted before the commencement of this Act for inspection, custody, storage, repair or other treatment, does not at the commencement of this Act, know any address of the bailor, for any reference in subsections (4) or (7) to the date of giving of the notice that goods are ready for re-delivery, there shall be substituted a reference to the date of the publication of the notice under section 8 (1) (a) or where more than 1 such notice is published, the last of such notices. Where a dispute in relation to any goods is determined (whether by virtue of section 7 (2) or (3) or otherwise), subsection (4) shall have effect in relation to those goods as if for the reference in that subsection to the date of the giving of the notice that the goods are ready for re-delivery there were substituted a reference to the date on which the dispute is determined. A notice required or authorised by this section to be given by the bailee to the bailor must contain a sufficient description of the goods to which the notice relates or, where the goods are a motor vehicle, the particulars of that motor vehicle referred to in section 19 (1) and a statement of the sum that the bailee claims to be due to the bailee by way of the bailee’s charges in relation to the goods, together with— a statement of the date of the giving of the notice to the bailor that the goods are ready for re-delivery or, where there has been a dispute between the bailor and bailee, the date on which the dispute was determined; and a statement that if the bailor fails, within the period of 28 days beginning with the date of the giving of the notice of the bailee’s intention to make application for an order to sell the goods under section 11 , to pay the said sum or, having paid the said sum, to take delivery of the goods or give directions as to their delivery, application will be made to the court under section 11 for an order authorising the bailee to sell the goods. s 10 amd 1995 No. 58 s 4 sch 1 (sec.10-ssec.1) Where goods accepted pursuant to a bailment in relation to which this Act applies are ready for re-delivery and the bailor— fails to pay or tender to the bailee the bailor’s charges in relation to the goods; or having paid those charges, fails to take delivery of the goods or, if the terms of the bailment so provide, to give directions for their delivery; and the bailee complies— with section 6 (1) (a) (where applicable) and section 6 (1) (b) ; or where the goods were accepted for inspection, custody, storage, repair or other treatment before the commencement of this Act, and bailee does not, at the commencement of this Act, know any address of the bailor—with section 8 (1) (a) and (b) ; the bailee may, subject to this part, make an application for an order under section 11 to sell the goods. (sec.10-ssec.2) An application for an order under section 11 in respect of goods referred to in subsection (1) may be made whether or not at the date referred to in section 6 (1) (c) the amount which the bailee claims to be due to the bailee by way of the bailee’s charges in relation to the goods exceeds the sum of $100. (sec.10-ssec.3) No application for an order to sell the goods under section 11 shall be made while a dispute to which section 7 (1) relates remains undetermined. (sec.10-ssec.4) No application for an order under section 11 to sell the goods shall be made before the expiration of the period of 6 months beginning with the date of giving of the notice under section 6 (1) (b) that the goods are ready for re-delivery or if more than 1 such notice was given, beginning with the date of the giving of the later or latest of the notices, or unless the bailee, not less than 28 days before the application is made— gives to the bailor a notice of the bailee’s intention to apply for an order to sell the goods under section 11 , being a notice complying with the requirements of subsection (7) ; and gives such a notice to every other person who, at the time the bailee gives the notice to the bailor, the bailee actually knows has or claims an interest in the goods; and causes such a notice to be published— in a newspaper published in Brisbane and circulating throughout the State; and in a newspaper (if any) published in the district in which are situated the premises where the goods were accepted for inspection, custody, storage, repair or other treatment; and where the goods are a motor vehicle—in the gazette. (sec.10-ssec.5) Where the bailee of goods accepted before the commencement of this Act for inspection, custody, storage, repair or other treatment, does not at the commencement of this Act, know any address of the bailor, for any reference in subsections (4) or (7) to the date of giving of the notice that goods are ready for re-delivery, there shall be substituted a reference to the date of the publication of the notice under section 8 (1) (a) or where more than 1 such notice is published, the last of such notices. (sec.10-ssec.6) Where a dispute in relation to any goods is determined (whether by virtue of section 7 (2) or (3) or otherwise), subsection (4) shall have effect in relation to those goods as if for the reference in that subsection to the date of the giving of the notice that the goods are ready for re-delivery there were substituted a reference to the date on which the dispute is determined. (sec.10-ssec.7) A notice required or authorised by this section to be given by the bailee to the bailor must contain a sufficient description of the goods to which the notice relates or, where the goods are a motor vehicle, the particulars of that motor vehicle referred to in section 19 (1) and a statement of the sum that the bailee claims to be due to the bailee by way of the bailee’s charges in relation to the goods, together with— a statement of the date of the giving of the notice to the bailor that the goods are ready for re-delivery or, where there has been a dispute between the bailor and bailee, the date on which the dispute was determined; and a statement that if the bailor fails, within the period of 28 days beginning with the date of the giving of the notice of the bailee’s intention to make application for an order to sell the goods under section 11 , to pay the said sum or, having paid the said sum, to take delivery of the goods or give directions as to their delivery, application will be made to the court under section 11 for an order authorising the bailee to sell the goods.