Western Australian Current Acts Western Australian Current Acts (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 or right to retain them for the price while he is in
possession of them;
(b) in
case of the insolvency of the buyer, a right of stopping the goods in transitu
after he has parted with the possession of them;
(c) a
right of re-sale as limited by this Act.
(2) Where the property
in goods has not passed to the buyer, the unpaid seller has, in addition to
his other remedies, a right of withholding delivery similar to and
co-extensive with his rights of lien and stoppage in transitu where the
property has passed to the buyer.
[Heading inserted: No. 19 of 2010 s. 44(2).]