18Courts of petty sessions to determine disputes

18 Courts of petty sessions 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, where the goods are second-hand goods or goods in pawn, may apply to a court of petty sessions for an order for delivery of the goods.

(2)  An application under subsection (1) may be supported by evidence provided by affidavit and is to be served –

(a) if the second-hand dealer or pawnbroker is a natural person, personally on him or her; or

(b) if the second-hand dealer or pawnbroker is a corporation, personally on a director, the secretary, the public officer or any person who the applicant reasonably believes is a responsible officer of the corporation.

(3)  For the purposes of hearing an application under subsection (1) , a court of petty sessions is to be constituted by a magistrate.

(4)  The second-hand dealer or pawnbroker is entitled to be heard and to adduce evidence at the hearing of the application.

(5)  If satisfied by the supporting evidence that the applicant is entitled to possession of the goods, the court may make one of the following orders:

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

(b) an order directing the second-hand dealer or pawnbroker to pay to the applicant the value of the goods as assessed by the court –

but, if the court is not so satisfied, it must dismiss the application.

(6)  An order under subsection (5) (a) or (b) –

(a) is to be served on the second-hand dealer or pawnbroker in the same way as a summons under the Justices Act 1959 ; and

(b) takes effect 21 days after service; and

(c) [Section 18 Subsection (6) amended by No. 32 of 1995, Sched. 1, Applied:30 Mar 1998] is taken to be a judgement of the Magistrates Court (Civil Division) and may be enforced accordingly–