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Torts (Interference with Goods) Act 1977

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This is the original version (as it was originally enacted).

13Sale authorised by the court

(1)If a bailee of the goods to which section 12 applies satisfies the court that he is entitled to sell the goods under section 12, or that he would be so entitled if he had given any notice required in accordance with Schedule 1 to this Act, the court—

(a)may authorise the sale of the goods subject to such terms and conditions, if any, as may be specified in the order, and

(b)may authorise the bailee to deduct from the proceeds of sale any costs of sale and any amount due from the bailor to the bailee in respect of the goods, and

(c)may direct the payment into court of the net proceeds of sale, less any amount deducted under paragraph (b), to be held to the credit of the bailor.

(2)A decision of the court authorising a sale under this section shall, subject to any right of appeal, be conclusive, as against the bailor, of the bailee's entitlement to sell the goods, and gives a good title to the purchaser as against the bailor.

(3)In this section " the court" means the High Court or a county court, and a county court shall have jurisdiction in the proceedings if the value of the goods does not exceed the county court limit.

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