South Australian Numbered Acts

STATUTES AMENDMENT (BULK GOODS) ACT 2008 (NO 49 OF 2008) - SECT 10

10—Insertion of section 14A

After section 14 insert:

14A—Intermingled goods

        (1)         This section applies to goods that have been deposited with an operator of a warehouse by their owner (the "depositor"), or by his or her authority, and that have become intermingled with other goods of the same kind owned by, or deposited with, the operator of a warehouse so as to form a bulk.

        (2)         As from the time the goods become part of the bulk, unless the parties otherwise agree—

            (a)         the depositor's property in the goods becomes property in an undivided share in the bulk; and

            (b)         the depositor becomes an owner in common of the bulk; and

            (c)         subject to paragraph (d)—the depositor and the operator of the warehouse each have, in relation to the depositor's undivided share in the bulk, the same obligations as they would have had in relation to the goods had they not become part of the bulk; and

            (d)         the obligation of the operator of the warehouse to deliver the goods to, or to the order of, the depositor becomes an obligation to deliver an equivalent quantity of goods out of the bulk to, or to the order of, the depositor.

        (3)         Unless the parties otherwise agree, the depositor's undivided share in the bulk at any time is the share that, at that time, is equivalent to the quantity of goods that have been deposited by the depositor less the quantity of goods that have been delivered out of the bulk to, or to the order of, the depositor.

        (4)         If at any time the aggregate of all depositors' undivided shares in the bulk exceeds the whole of the bulk, those shares are to be reduced proportionately so that the aggregate is equal to the bulk.

        (5)         A person who has become an owner in common of the bulk will be taken to have consented to—

            (a)         any delivery of goods out of the bulk to another owner in common of the bulk, being goods to which this section applies; and

            (b)         any dealing with, or removal, delivery or disposal of, goods in the bulk by another owner in common of the bulk (but only to the extent of that other owner's undivided share in the bulk).

        (6)         No cause of action lies against a person by reason of that person's having acted in accordance with subsection (5)(a) or (b) in reliance on the consent that exists by virtue of that subsection.

        (7)         This section does not apply to goods deposited with the operator of a warehouse before the commencement of the Statutes Amendment (Bulk Goods) Act 2008 .