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)](#GS18@Gs1@EN) 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)](#GS18@Gs1@EN) , 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)](#GS18@Gs5@EN) [(a)](#GS18@Gs5@Hpa@EN) or [(b)](#GS18@Gs5@Hpb@EN) – > > > > > > (a) is to be served on the second-hand dealer or pawnbroker in the same way as a summons under the [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) ; and > > > > > > > (b) takes effect 21 days after service; and > > > > > > > (c) [*\[Section 18 Subsection (6) amended by No. 32 of 1995, Sched. 1, Applied:30 Mar 1998\]*](/view/html/inforce/1998-03-30/act-1995-032#JS1@Ja3@GC1@EN) is taken to be a judgement of the Magistrates Court (Civil Division) and may be enforced accordingly– > > > > and service of the order may be proved in accordance with the [Justices Act 1959](/view/html/inforce/2026-04-12/act-1959-077) . > > > (7)  If, after service of an application under [subsection (1)](#GS18@Gs1@EN) , the second-hand dealer or pawnbroker – > > > > > > (a) alters the form of the goods to which the application relates; or > > > > > > > (b) disposes of the goods in any way except in accordance with an order made under this section – > > > > the second-hand dealer or pawnbroker is guilty of an offence and is liable on summary conviction to a fine not exceeding 50 penalty units. > > > (8)  A conviction under [subsection (7)](#GS18@Gs7@EN) does not limit any civil liability of the person convicted arising under an order made under [subsection (5)](#GS18@Gs5@EN) [(a)](#GS18@Gs5@Hpa@EN) or [(b)](#GS18@Gs5@Hpb@EN) .