New South Wales Consolidated Acts

SALE OF GOODS ACT 1923 - SECT 26

26 Sale by person not the owner

(1) Subject to the provisions of this Act, where goods are sold by a person who is not the owner thereof and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had, unless the owner of the goods is by the owner's conduct precluded from denying the seller's authority to sell.

(2) Nothing in this Act shall affect:

(a) the provisions of the Factors (Mercantile Agents) Act 1923 or of the Personal Property Securities Act 2009 of the Commonwealth,

(b) the validity of any contract of sale under any special common law or statutory power of sale, or under the order of a court of competent jurisdiction.