Victorian Numbered Acts Victorian Numbered Acts(1) This section applies if a purchaser—
(a) discharges a contract of supply of goods by reason of repudiation or breach of condition by the supplier; or
(b) in accordance with section 24(1) rescinds a contract of supply of goods after an innocent representation is made.
(2) If the goods have been delivered to the purchaser and have not been returned to the supplier, the purchaser must return the goods to the supplier or permit the supplier to take possession of the goods.
(3) The purchaser is liable to the supplier for loss or damage caused to the goods—
(a) by the purchaser wilfully or by the purchaser's negligence while the goods are in the purchaser's possession during a period of 21 days after discharging or rescinding the contract; and
(b) by the purchaser wilfully while the goods are in the purchaser's possession after the expiration of a period of 21 days after discharging or rescinding the contract.
(4) If the property in the goods passed to the purchaser before the discharge or the rescission, the property re-vests in the supplier.
(5) The supplier is liable to the purchaser for money paid and for the value of any other consideration paid or provided under the contract by the purchaser to the supplier.
(6) If—
(a) the purchaser used the goods before the discharge or rescission; and
(b) the supplier acted honestly and reasonably in supplying the goods—
the court may, if it is satisfied that, in all the circumstances, it is just and convenient to do so, allow the supplier to recover from the purchaser an amount equal to the whole or any part of the fair value to the purchaser of the purchaser's use of the goods.