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NSW Value of Goods in Uncollected Goods Act?

Discussion in 'Property Law Forum' started by Mr B, 26 September 2016.

  1. Mr B

    Mr B Member

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    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.
     
  2. Victoria S

    Victoria S Well-Known Member

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    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.

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

    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.
     
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  3. Mr B

    Mr B Member

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    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?
     
  4. Victoria S

    Victoria S Well-Known Member

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    I don't believe so.
     
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  5. Mr B

    Mr B Member

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    Many thanks for your time and input. It is very much appreciated.
     

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