59Remedy against board confined to claim for account

#### 59 Remedy against board confined to claim for account 59 Remedy against board confined to claim for account > > (1) Subject to this section, no proceedings at law or in equity shall be brought against a board or any person acting under its authority by any person claiming to be entitled under any bill of sale, mortgage, charge, lien (including any lien under the [Liens on Crops and Wool and Stock Mortgages Act of 1898](/view/html/repealed/current/act-1898-007) or the [Co-operatives Act 1992](/view/html/repealed/current/act-1992-018)) or other encumbrance over, of or upon the commodity delivered to, and accepted by, the board, or claiming to be the true owner of the commodity, as against the person who delivered the commodity. > > > (2) Any person who, but for subsection (1), would have been entitled to bring any such proceedings may adopt the delivery of any of the commodity to a board as a delivery thereof by the person to the board, and may claim accordingly for an account of the payments due in respect thereof, and recover the amount due in any court of competent jurisdiction as a debt. > > > (3) Notwithstanding anything in the [Liens on Crops and Wool and Stock Mortgages Act of 1898](/view/html/repealed/current/act-1898-007) or any other Act, or any rule of law to the contrary, any such person shall not be entitled to make any such claim for an account of the payments due in respect of the commodity, or any part of those payments, unless the person has given prior notice in writing to a board in the form and containing the particulars prescribed of the bill of sale, mortgage, charge, lien or other encumbrance, or the claim of ownership, and then only for such part of such money as has not been paid to any other person at the time of the receipt by the board of the notice. > > **s 59:** Am 1998 No 11, Sch 6.17 \[1\].