Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where a notice of
lien under the provisions of section 6, or a notice of intention to sell
under the provisions of section 7 has been given, but those provisions
have not been strictly complied with, then if a court before which a question
respecting the notice is tried or inquired into considers that those
provisions have been substantially complied with, or that it would be
inequitable that the lien or sale should be deemed to be void by reason of the
non-compliance, no objection to the sufficiency of the notice shall in any
such case be allowed to prevail so as to release or discharge the goods from
the lien or vitiate the sale.
(2) A notice given
under this Act by registered post shall be deemed to be sufficiently addressed
to the person to whom it is sent if it is addressed to him at the last address
of such person known to the warehouseman.
(3A) Regulations made
under this Act may provide for the giving of notice by advertisement in cases
where a person to whom notice may be given pursuant to the provisions of
section 6 or section 7 is unknown to the warehouseman, or where no
address of the person is known to the warehouseman, and for the ascertainment
of the day upon which the notice shall be deemed to have been given, and for
any other matter relating to the advertisement.
(3B) A notice given by
advertisement in accordance with the regulations shall for the purposes of
this Act be deemed to have been given personally on the date ascertained
pursuant to the regulations.
[Section 9 amended by No. 19 of 2010
s. 51.]