Commonwealth Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PERSONAL PROPERTY SECURITIES ACT 2009 (NO. 130, 2009) - SECT 131

Duty of secured party disposing of collateral to obtain market value

                   A secured party who disposes of collateral under section 128 (other than by purchasing the collateral) owes a duty, to any other person with a security interest in the collateral, and to the grantor, immediately before the disposal, to exercise all reasonable care:

                     (a)  if the collateral has a market value at the time of disposal--to obtain at least that market value; or

                     (b)  otherwise--to obtain the best price that is reasonably obtainable at the time of disposal, having regard to the circumstances existing at that time.

Note:          A different rule applies in relation to disposal by purchase (see subsection 129(3)).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback