Queensland Consolidated Acts

SECOND-HAND DEALERS AND PAWNBROKERS ACT 2003 - SECT 66

66 Recovery rights if pawn wrongly sold or disposed of

(1) This section applies if a pawnbroker sells or disposes of property taken by the pawnbroker as a pawn before the redemption period expires for the property.

(2) The person who pawned the property may recover from the pawnbroker as a debt—

(a) if the pawnbroker sells the property, the greater of—

(i) the fair value of the property when it was sold; and

(ii) the gross proceeds of the sale; or

(b) if the pawnbroker disposes of the property other than by sale—the fair value of the property when it was disposed of.

(3) The court in which the person starts the action for debt may award the person the costs the court considers reasonable.

(4) The person may recover an amount under this section whether or not the pawnbroker is charged with an offence against section 60 .