New South Wales Consolidated Acts

SALE OF GOODS ACT 1923 - SECT 42

42 Unpaid seller's rights

(1) Subject to the provisions of this Act and of any statute in that behalf, notwithstanding that the property in the goods may have passed to the buyer, the unpaid seller of goods as such has by implication of law:

(a) a lien on the goods for the price while the seller is in possession of them,

(b) in case of the insolvency of the buyer a right of stopping the goods in transitu after the seller has parted with the possession of them,

(c) a right of resale as limited by this Act.

(2) Where the property in goods has not passed to the buyer the unpaid seller has in addition to the seller's other remedies a right of withholding delivery similar to and co-extensive with the seller's rights of lien and stoppage in transitu where the property has passed to the buyer.