Have your goods been unlawfully sold outside of what the law provides? It has come to the attention of Constitution Watch that many farmers have been illegally forced off their land without the Right to collect their farm machinery, vehicles and personal goods. Ask the assignee for a copy of their application to the court and order of the court granting consent of sale.
DISPOSAL OF UNCOLLECTED GOODS ACT 1970 – SECT 5
Subject to section 30, nothing in this Act shall be construed as derogating in any way from the rights or powers of any person, other than a bailor of goods to which this Act applies, conferred by or under
another Act or by the rules of equity or common law, and all such rights and powers may continue to be exercised in the same manner as if this Act had not been passed.
DISPOSAL OF UNCOLLECTED GOODS ACT 1970 – SECT 20
order to dispose of them
Where, without committing a criminal offence, a person has or acquires possession of goods in any way other than under a bailment to which Parts II, III or VI apply and —
(a) he is unaware of either the identity or the whereabouts of the person through whom he came into possession of them; or
(b) the person through whom he came into possession of the goods refuses or fails to relieve him of the possession thereof after having been given notice of the possessor’s intention to make application to the court to sell or otherwise dispose of the goods, as provided in Part IX,
he may, subject to this Act, make an application to the court for an order to sell or otherwise dispose of the goods.
DISPOSAL OF UNCOLLECTED GOODS ACT 1970 – SECT 30
(1) A person who acquires goods sold or otherwise disposed of in the exercise or purported exercise of the powers given under this Act obtains a good title to the goods if he acquires them in good faith and without notice of —
(a) any failure, arising in connection with the sale or other disposal of the goods, to comply with any of the provisions of this Act; or
(b) any lack of title in the bailor or other person who has given possession of the goods to the person effecting the sale or other disposal of them under this Act.
(2) In any civil proceedings by or against a bailee, or any person, authorised by the provisions of this Act to sell or otherwise dispose of any goods, the burden of proving that the provisions of this Act relating to the sale or other disposal of those goods have been complied with lies on that bailee or person.
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