Storage Liens Act 1973

In addition to all other remedies provided by law for the enforcement of liens or for the recovery of storer’s charges, a storer may sell by public auction, in the manner provided in this section, any goods upon which the storer has a lien for charges which have become due.

The storer shall give written notice of the storer’s intention to sell—

to the person liable as debtor for the charges for which the lien exists; and

to any person who has served upon the storer a prescribed notice of the person’s claim to be the owner of the goods or of some interest therein or to be entitled to some charge thereon or of whose interest in them the storer has received notice as prescribed; and

to the grantee or (where a transfer or assignment by the grantee has been registered under the Bills of Sale and Other Instruments Act 1955, part 2) to the transferee or assignee of a bill of sale—

which relates to the goods; and

which was granted by the person depositing the goods or by any other person of whose interest in the goods the storer has knowledge; and

which was registered in accordance with the said part 2 prior to the date of the deposit of the goods; and

which has not ceased to have any effect as to the chattels comprised therein or subject thereto or in respect of which a satisfaction has not been registered; and

to any other person of whose interest in the goods the storer has knowledge.

The notice shall contain—

a sufficient description of the goods; and

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

an itemised statement of the storer’s charges showing the sum due at the time of the notice; and

a demand that the amount of the charges as stated in the notice and such further charges as may accrue shall be paid on or before a date mentioned, not less than 30 days from the giving of the notice in a manner prescribed; and

a statement that unless the charges are paid within the time mentioned the goods will be advertised for sale and sold by public auction at a time and place specified in the notice.

Where the charges are not paid on or before the day mentioned in the notice, and advertisement of the sale, describing the goods to be sold, and stating the time and place of sale, shall be published—

in a newspaper published in Brisbane and circulating throughout the State;

in a newspaper (if any) published in the district in which are situated the premises where the goods are deposited with the storer.

The sale shall be held not less than 28 days from the date of the publication in pursuance of subsection (4) of the advertisement, or where the advertisement is so published in more than 1 paper and on different days, the date of the last such publication.

A Magistrates Court constituted by a stipendiary magistrate sitting alone held in the district in which are situated the premises where the goods are deposited with the storer may, on the application in the manner prescribed of any person having an interest in the goods, at any time after the giving of the notice by order stay further proceedings under this section for such period and on such terms as it deems just, and no proceedings under this section shall be taken by the storer after due service of such order on the storer, and during the period specified in the order.

This section shall apply only to cases in which some part of the charges in arrear are in respect of a period more than 6 months prior to the date upon which the notice of intention to sell is given.