sec.11Orders to sell

sec.11 Orders to sell

An application for an order under this section shall be made to a Magistrates Court held in the Magistrates Courts district in which are situated the premises where the goods were accepted by the bailee for inspection, custody, storage, repair or other treatment. Where an application is made to a Magistrates Court in accordance with this part, the court— may make an order authorising the applicant to sell the goods in respect of which the order is made if they remain in the applicant’s possession until the applicant is entitled under subsection (7) to sell them; or may refuse to make such an order. An order under this section— where the bailor has not paid or tendered to the bailee the bailee’s charges in respect of the goods—shall specify the amount which the court deems reasonable in respect of the bailee’s charges; and shall specify the amount (if any) allowed in respect of the costs of obtaining the order; and may specify, for the purposes of section 3 (5) (a) , a rate of storage charges, and for the purposes of section 3 (5) (b) , the amount that may be incurred in respect of the costs of or in connection with the sale; and shall prohibit the sale of the goods specified in the order until the expiration of a period of 28 days or such lesser period as may be specified in the order, after the date of the order. The amount specified in accordance with subsection (3) (a) shall, for all purposes, be the amount of the liability of the bailor of the goods for the charges of the applicant for the order. The power of a court to make the order under this section authorising the sale of goods shall be subject to any agreement between the bailor of the goods and the applicant for the order. Where 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 repair of the goods exceeds the sum of $110, the court shall not make an order authorising the applicant to sell the goods unless the bailee has obtained an order in writing for the repair of the goods signed by or on behalf of the bailor or the court is satisfied that it was reasonable in the circumstances that such an order was not obtained. An applicant in whose favour an order is made under this section is entitled, subject to the order and this Act, to sell the goods specified in the order. An order under this section shall not affect the right of any person to recover the goods specified in the order by an action commenced before the sale of the goods by virtue of the order. If any such action is so commenced, the right of the person in whose favour the order is made to sell the goods shall be suspended until that action has been heard and determined and if in that action an order is made for the recovery of the goods from the person in whose favour the order was made, that person’s right to sell the goods shall cease and determine. The jurisdiction conferred on a Magistrates Court by this section shall not be exercised except by a Magistrate Court constituted by a stipendiary magistrate sitting alone. The procedure of a Magistrates Court in relation to an application under this section shall be as prescribed by the Justices Act 1886 or in so far as it is not so prescribed, as the court determines. s 11 amd 1995 No. 58 s 4 sch 1 ; 2000 No. 20 s 29 sch 3 (sec.11-ssec.1) An application for an order under this section shall be made to a Magistrates Court held in the Magistrates Courts district in which are situated the premises where the goods were accepted by the bailee for inspection, custody, storage, repair or other treatment. (sec.11-ssec.2) Where an application is made to a Magistrates Court in accordance with this part, the court— may make an order authorising the applicant to sell the goods in respect of which the order is made if they remain in the applicant’s possession until the applicant is entitled under subsection (7) to sell them; or may refuse to make such an order. (sec.11-ssec.3) An order under this section— where the bailor has not paid or tendered to the bailee the bailee’s charges in respect of the goods—shall specify the amount which the court deems reasonable in respect of the bailee’s charges; and shall specify the amount (if any) allowed in respect of the costs of obtaining the order; and may specify, for the purposes of section 3 (5) (a) , a rate of storage charges, and for the purposes of section 3 (5) (b) , the amount that may be incurred in respect of the costs of or in connection with the sale; and shall prohibit the sale of the goods specified in the order until the expiration of a period of 28 days or such lesser period as may be specified in the order, after the date of the order. (sec.11-ssec.4) The amount specified in accordance with subsection (3) (a) shall, for all purposes, be the amount of the liability of the bailor of the goods for the charges of the applicant for the order. (sec.11-ssec.5) The power of a court to make the order under this section authorising the sale of goods shall be subject to any agreement between the bailor of the goods and the applicant for the order. (sec.11-ssec.6) Where 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 repair of the goods exceeds the sum of $110, the court shall not make an order authorising the applicant to sell the goods unless the bailee has obtained an order in writing for the repair of the goods signed by or on behalf of the bailor or the court is satisfied that it was reasonable in the circumstances that such an order was not obtained. (sec.11-ssec.7) An applicant in whose favour an order is made under this section is entitled, subject to the order and this Act, to sell the goods specified in the order. (sec.11-ssec.8) An order under this section shall not affect the right of any person to recover the goods specified in the order by an action commenced before the sale of the goods by virtue of the order. (sec.11-ssec.9) If any such action is so commenced, the right of the person in whose favour the order is made to sell the goods shall be suspended until that action has been heard and determined and if in that action an order is made for the recovery of the goods from the person in whose favour the order was made, that person’s right to sell the goods shall cease and determine. (sec.11-ssec.10) The jurisdiction conferred on a Magistrates Court by this section shall not be exercised except by a Magistrate Court constituted by a stipendiary magistrate sitting alone. (sec.11-ssec.11) The procedure of a Magistrates Court in relation to an application under this section shall be as prescribed by the Justices Act 1886 or in so far as it is not so prescribed, as the court determines.