6Power to sell goods

#### 6 Power to sell goods 6 Power to sell goods > > (1) In addition to all other remedies provided by law for the enforcement of liens or for the recovery of storer’s charges a storer may sell by public auction, in the manner provided in this section, any goods upon which he or she has a lien for charges which have become due. > > > (2) The storer shall give written notice of his or her intention to sell— > > > > > (a) to the person liable as debtor for the charges for which the lien exists, and > > > > > (b) to the owner of the goods, and > > > > > (c) to any other person of whose interest in the goods the storer has actual knowledge. > > > (3) (Repealed) > > > (4) The notice shall contain— > > > > > (a) a brief description of the goods, and > > > > > (b) a statement showing the location where the goods are stored, the date of their deposit with the storer, and the name of the person by whom they were deposited, and > > > > > (c) an itemised statement of the storer’s charges showing the sum due at the time of the notice, and > > > > > (d) a demand that the amount of the charges as stated in the notice and such further charges as may accrue shall be paid on or before a day mentioned, not less than one month from the delivery of the notice if it is personally delivered, or from the time when the notice should reach its destination according to the due course of post if it is sent by post, and > > > > > (e) a statement that unless the charges are paid within the time mentioned the goods will be advertised for sale and sold by public auction at a time and place specified in the notice. > > > (5) The storer may sell the goods if the charges are not paid on or before the day mentioned in the notice. > > > (5A) (Repealed) > > > (6) The Local Court may, on the application of the owner, made in the manner prescribed, at any time after the service of the notice by order, stay further proceedings under this section, for such period and on such terms as it deems just, and any proceedings under this section taken after due service of such order on the storer, and during the period specified in the order, shall be illegal. > > > (7) Nothing in this section authorises— > > > > > (a) the sale of goods deposited prior to the commencement of the [Warehousemen’s Liens (Amendment) Act 1989](/view/pdf/asmade/act-1989-175), unless at least some part of the charges in arrears relates to a period more than 12 months before the date on which the notice of intention to sell the goods is given, or > > > > > (b) the sale of goods deposited after the commencement of that Act, unless at least some part of the charges in arrears relates to a period more than 6 months before the date on which the notice of intention to sell the goods is given. > > > (8) In this section— > > > > owner of goods includes a person who has served the storer of the goods with a written notice that contains the following— > > > > > (a) a claim of ownership or interest in the goods and, if applicable, the nature of the interest claimed, > > > > > (b) information identifying the goods to which the notice relates, > > > > > (c) the name and address of the person making the claim. > > **s 6:** Am 1985 No 231, Sch 31; 1989 No 175, sec 3; 2005 No 69 Sch 5.6 \[2\]; 2007 No 94, Sch 1.102; 2010 No 57, Sch 1.25 \[3\]; 2014 No 88, Schs 1.31 \[4\] \[5\], 2.74; 2017 No 25, Schs 1.36 \[2\], 3.3; 2021 No 23, Sch 1.14\[1\] \[3\]; 2024 No 25, Sch 4.3\[2\], Sch 6.19\[1\].