NSW Value of Goods in Uncollected Goods Act?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Mr B

Member
26 September 2016
3
0
1
I have some questions with regard to the Uncollected Goods Act 1995 (NSW) so that I can understand which property law is relevant in the circumstance.

1. In sections 19-22, does the 'value of goods' refer to the accumulated total value of all of the uncollected goods or to the value of each individual item?

For example, if I have 10 uncollected items valued at $60 each, is the value of the goods $600 (10 x $60) and s22 applies, or is the value of the goods just $60 on the per item basis and s20 applies?

2. If it is the accumulated total value of the uncollected goods, does the Uncollected Goods Act still apply if the value exceeds $5000? If not, can you please refer me to which legislation or law is applicable where the value of uncollected goods exceeds $5000?

3. If the uncollected goods are as a result of a deceased estate, does this have a further bearing on which legislation or law is applicable?

Many thanks for your assistance in this matter.
 

Victoria S

Well-Known Member
9 April 2014
518
59
2,289
1. In sections 19-22, does the 'value of goods' refer to the accumulated total value of all of the uncollected goods or to the value of each individual item?

The act defines "value" as "the price goods would attract in the market where no special or extraordinary effort would be expended in selling them, irrespective of a particular contract." - since it uses the word "goods" i would assume that it would refer to the cumulative value.

2. If it is the accumulated total value of the uncollected goods, does the Uncollected Goods Act still apply if the value exceeds $5000? If not, can you please refer me to which legislation or law is applicable where the value of uncollected goods exceeds $5000?

Goods over $5,000 can only be disposed of with a court order. Uncollected_goods

3. If the uncollected goods are as a result of a deceased estate, does this have a further bearing on which legislation or law is applicable?

Do you mean the goods belonged to the deceased, and that is why they were uncollected? Or the uncollected goods were left with a deceased estate?
In the latter case, i wouldn't have thought it would make a difference.
 
  • Like
Reactions: Mr B

Mr B

Member
26 September 2016
3
0
1
Thank you for your response. It is most helpful for me to understand what sections apply.

Sorry for not being clear on deceased estate, but I meant the former - the goods belonged to the deceased and that is why they were not collected. Does that make any difference to the legislation that applies?