Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where goods
accepted pursuant to a bailment in relation to which this Part applies, are
ready for redelivery but there is a failure by the bailor to take redelivery
of the goods, or if the terms of any agreement between the bailor and the
bailee so provide, to give directions for their redelivery, the bailee, while
that failure continues, may, subject to the terms of any agreement between him
and the bailor and to this Act, make an application to the court for an order
to sell or otherwise dispose of the goods unless the bailee, for any reason,
refuses to make redelivery to the bailor or prevents him from taking
redelivery.
(2) The bailee shall
not make an application under subsection (1) unless he —
(a)
gives a notice in writing, as provided by Part IX, to the bailor that the
goods are ready for redelivery;
(b) not
less than 6 months after he gives the notice referred to in paragraph (a)
and not less than one month before he makes the application, gives a notice in
writing, as provided by Part IX, to —
(i)
the bailor;
(ii)
every other person known to the bailee, at the time he
gives the notice, as having or claiming to have an interest in the goods; and
(iii)
the Commissioner,
of the bailee’s
intention to make the application; and
(c) at
least one month before he makes the application, causes to be published
in —
(i)
a daily newspaper published in Perth and circulating
throughout the State; and
(ii)
the Government Gazette ,
a notice, as provided
by Part IX, of his intention to make the application.