South Australian Consolidated Acts

WAREHOUSE LIENS AND STORAGE ACT 1990 - SECT 14

14—Disposition of proceeds of sale

        (1)         The lien may be satisfied from the proceeds of the sale.

        (2)         The surplus (if any) must, not less than 10 nor more than 21 days after the sale, be paid as follows:

            (a)         if no written claim to the surplus is lodged with the operator of the warehouse within 10 days after the sale, it must be paid to the Treasurer;

            (b)         if a claim is so lodged, it must be paid to the claimant unless the validity of the claim is uncertain or disputed or there are conflicting claims, in which case is must be paid—

                  (i)         if the amount of the surplus is within the jurisdictional limit of local courts of limited jurisdiction—to the local court of limited jurisdiction nearest to the warehouse in which the goods were stored; or

                  (ii)         in any other case—to the local court of full jurisdiction nearest to the warehouse in which the goods were stored.

        (3)         The operator of the warehouse must provide to the person or court to whom the surplus is paid—

            (a)         a statement of account, verified by statutory declaration, showing how the amount of surplus has been computed; and

            (b)         copies of receipts for all charges covered by the lien on the goods.

        (4)         The operator of the warehouse is not liable to any person who does not lodge a written claim against the surplus with the operator within 10 days of the sale for any amount of surplus distributed.

        (5)         A court into which money is paid under this section may order that the money be applied as the curt considers appropriate and specifies in the order.

        (6)         If a written claim against the surplus paid to the Treasurer under this section is lodged with the Treasurer within 6 years of that payment and the treasurer is satisfied as to the validity of the claim, the Treasurer must pay the amount of the claim to the claimant.

        (7)         The Treasurer is not liable to any other person who later claims an amount distributed under subsection (6).

        (8)         Nothing in this section prejudices the right of any person to follow an amount of surplus into the hands of any claimant who has received it.

        (9)         An operator of a warehouse who fails to pay the surplus to the Treasurer or into court as required by this section is guilty of an offence.

Penalty: A division 11 fine for each day during which the default continues.