Summary order where second-hand dealer or pawnbroker claims goods
322 Summary order where second-hand dealer or pawnbroker claims goods
(1) A pawnbroker or second-hand dealer may apply to the Local Court for an order under this section where:
(a) a certificate under section 318(2) is produced to the pawnbroker or second-hand dealer, or an employee of the pawnbroker or second-hand dealer, in possession of the goods; or
(b) goods in respect of which the pawnbroker or second-hand dealer has rights have been returned to a person under section 319(5)(a).
(2) Where an application is made under subsection (1), the Court may issue a summons for the production of the goods and the appearance before the Court of each person who appears to the Court to have a claim of ownership of, or rights in respect of, the goods.
The Local Court may:
(a) make an order for the delivery of the goods to the party who appears to be the rightful owner of the goods; or
(b) where the owner cannot be ascertained, make any order with respect to the goods the Court thinks fit;
and may make an order for the payment by or to a party making a claim for the goods of an amount of money as determined by the Court at or by the time stated in the order.
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