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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 3474
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I placed a number of copies of my self-published novel with

Customer Question

I placed a number of copies of my self-published novel with a local bookshop to help sell them for me. Before all copies were sold the store went into liquidation and the door was locked without prior notice. I was unable to retrieve the rest of my books, and the liquidators say all the removed books have been sold. I am also told I am unlikely to receive payment for my books since I did not sign a security form on lodgement of the books. I believe that (a) I should have been informed of the date the store would be closed, to give myself and, I understand, several others, the chance to remove our belongings, and (b) the books are copyright, never been sold by myself, not given over to the store for their benefit but to further my aim of marketing my book, and so are unable to be sold by any unauthorised person. Could you please advice me of my rights in this instance.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.
Hello

Because you gave consent for the store to sell the items, it sadly becomes their possession in a sense with regard to liquidation.

You may receive your payment, but it will be after all the other entities with preference to be paid get paid first.

Regardless of any document being signed, this is the procedure when an entity goes into liquidation sadly.

Please accept.

Customer: replied 1 year ago.

Sincere apologies for taking so long to reply. Thank you for your response.


My question is - shouldn't the community have received a warning about the shop's imminent closure? To my mind my books were private property left inside the closed store, in the way of a mislaid diamond bracelet or a watch perhaps. Would the owners of those such items have been traced and the property returned? My books were in the shop for my benefit, to help me sell them, with an agreed payment to the shop owner for use of the premises. I cannot see why, because these were books, rather than craft items for instance, they should be treated any differently


Regards,


Patricia

Expert:  Daniel replied 1 year ago.
Sadly, my advice has not changed.

Please accept
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 3474
Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
Daniel and 2 other Australia Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi Daniel

I did press the Good Service button but it might not have transferred to
you yet. Thank you for your advice, it wasn't what I wanted to hear of
course but it was what I expected. We have a very unfair system. If you can
find another moment to consider just one more point - shouldn't there have
been a good warning sent out to the general public about the pending
closure of the shop? Any angle I can use there?

Appreciate your time. Thanks, Patricia

Expert:  Daniel replied 1 year ago.
Sadly no, im afraid.

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