Storage Liens Act 1935 (NSW)

Storage Liens Act 1935 No 19

An Act to amend the law respecting certain possessory liens; and for other purposes.

1 Name of Act This Act may be cited as the Storage Liens Act 1935.

2 Definitions In this Act, unless the context otherwise requires— Goods shall include personal property of every description that may be deposited with a storer as bailee. Storer means a person lawfully engaged in the business of storing goods as a bailee for hire.

3 Declaration of storer's lien (1) Subject to the provisions of section 5, every storer shall have a lien on goods deposited with him or her for storage, whether deposited by the owner of the goods or by his or her authority, or by any person entrusted with the possession of the goods by the owner or by his or her authority. (2) A storer's lien over property has priority over any other interest in the property and may be enforced accordingly. (3) Section 73 (2) of the Personal Property Securities Act 2009 of the Commonwealth is declared to apply to a storer's lien.

4 Charges covered by lien The lien shall be for the amount of the storer's charges, that is to say— (a) all lawful charges for storage and preservation of the goods, and (b) all lawful claims for money advanced, interest, insurance, transportation, labour, weighing, coopering, and other expenses in relation to the goods, and (c) all reasonable charges for any notice required to be given under the provisions of this Act and for sale of the goods where default is made in satisfying the storer's lien.

5 Notice of lien—goods deposited by person entrusted with possession (1) Where the goods on which a lien exists were deposited not by the owner or by his or her authority, but by a person entrusted by the owner or by his or her authority with the possession of the goods, the storer shall, within two months after the date of the deposit, give notice of the lien— (a) to the owner of the goods, and (b) to any other person of whose interest in the goods the storer has actual knowledge. (2) The notice shall be in writing and 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) a statement that a lien is claimed by the storer in respect of the goods under this Act, and (d) such other particulars as are prescribed. (3) (Repealed) (4) Where the storer fails to give the notice required by this section, his or her lien, as against the person to whom he or she has failed to give notice, shall be void as from the expiration of the period of two months from the date of the deposit of the goods. (5) 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.