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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44631
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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We have in our possession a truck that was owned by a Company

Customer Question

we have in our possession a truck that was owned by a Company Drop Deck Transport Pty Ltd. in Liquidation. Drop Deck Transport owe our Company DDT Industries money for storage and under the Disposal of goods act 1967 we have a legal right to hold this vehicle until the account is paid.
Today we have had a repossession agent try to seize the vehicle. Can we hold it.
Submitted: 2 years ago.
Category: Australia Law
Expert:  Leon replied 2 years ago.
Good AfternoonMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. You cannot sell it. You need to have a possession order and that has to be from a court. As the Company is in Liquidation the Liquidator has the right tot he truck. You cannot hold it you have to hand it over and see the order before you do. If there is nothing further thank you for using my services. If I have missed anything, or you have any further questions please let me know If there is anything else in the future please do not hesitate to ask. Please do not forget to leave positive feedback. RegardsLeon
Customer: replied 2 years ago.
Thank you for getting back to me, We do not wish to sell it we simply wish to hold the goods until a the bills which are owed for storage repairs etc are paid.
Expert:  Leon replied 2 years ago.
You cannot hold it. You have no right to it. Only with a court order can you hold it. You are a creditor and what you are owed will form part of the debts in the liquidation.