New South Wales Consolidated Acts New South Wales Consolidated ActsUnless a different intention appears, the following are rules for ascertaining
the intention of the parties as to the time at which the property in the goods
is to pass to the buyer.
Rule 1. Where there is an unconditional contract for the sale of
specific goods in a deliverable state, the property in the goods passes to the
buyer when the contract is made, and it is immaterial whether the time of
payment or the time of delivery, or both, be postponed.
Rule 2. Where there is a contract for the sale of specific goods, and the
seller is bound to do something to the goods for the purpose of putting them
in a deliverable state, the property does not pass until such thing be done
and the buyer has notice thereof.
Rule 3. Where there is a contract for the sale of specific goods in a
deliverable state, but the seller is bound to weigh measure test or do some
other act or thing with reference to the goods for the purpose of ascertaining
the price, the property does not pass until such act or thing be done and the
buyer has notice thereof.
Rule 4. Where goods are delivered to the buyer on approval or on "sale or
return" or other similar terms, the property therein passes to the buyer:
(a) when the buyer signifies approval or acceptance to the seller, or does any other Act adopting the transaction,
(b) if the buyer does not signify approval or acceptance to the seller, but retains the goods without giving notice of rejection, then if a time has been fixed for the return of the goods, on the expiration of such time, and if no time has been fixed, on the expiration of a reasonable time. What is a reasonable time is a question of fact.Rule 5. (1) Where there is a contract for the sale of unascertained or future goods by description, and goods of that description and in a deliverable state are unconditionally appropriated to the contract either by the seller with the assent of the buyer or by the buyer with the assent of the seller, the property in the goods thereupon passes to the buyer. Such assent may be express or implied, and may be given either before or after the appropriation is made.