Purchase for value in good faith
8 Purchase for value in good faith
For the purposes of section 7, a purchase or purported purchase of goods by a purchaser is not a purchase or purported purchase for value in good faith and without notice of a security interest if —
the purchaser is a member of the same household as is the supplier or purported supplier of the goods; or
the purchaser and the supplier or purported supplier of the goods are bodies corporate that are related to each other; or
one of the purchaser and the supplier or purported supplier of the goods is a body corporate and the other a natural person who, within the meaning of the Corporations Act 2001 of the Commonwealth, is a director or officer of the body corporate,
unless the person asserting that it is such a purchase or purported purchase proves beyond reasonable doubt that it is such a purchase or purported purchase.
For the purposes of subsection (1), the question whether bodies corporate are related to each other shall be determined in the same manner as the question whether corporations within the meaning of the Corporations Act 2001 of the Commonwealth are related bodies corporate would be determined under that Act.
For the purposes of section 7 where a purchaser of goods is a lessor, owner or the supplier of the goods under a lease, hire‑purchase agreement or other contract for the supply of the goods or is a person who purchases goods with the intention of entering into such a lease, hire‑purchase agreement or other contract and the lessee, hirer or buyer under such a lease, hire‑purchase agreement or other contract has participated in negotiations with the supplier of the goods, the purchase or purported purchase of the goods by the purchaser is not a purchase or purported purchase in good faith and without notice of a security interest if such lessee, hirer or buyer has not acted in good faith and without notice of the security interest.
[Section 8 amended: No. 20 of 2003 s. 12.]
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.