Uncollected goods orders

List of orders NCAT can make under the Uncollected Goods Act 1995 (NSW).

If you are applying to NCAT you must quote the section of the Act that you issue falls under. Write the section number in the orders section of the application form. You may also have to provide supporting documents as part of your application.

If you have received a notice of hearing, the section numbers may help you understand why you have been taken to NCAT and the types of supporting documents you should gather.

Note: The ‘depositor’ is the person who left behind or abandoned the goods. The ‘receiver’ is the person or business who has possession of the uncollected goods.

Removal or disposal of goods

Section	Orders	Who can apply?	Time limits
31A(1)(a)	An order authorising the removal or other disposal of the uncollected goods	Receiver	-
31(1)(b)	An order that a notice of any action or proposed action in relation to uncollected goods be given to the depositor, the legal personal representative of a depositor or any other person	Receiver	-

Sale of goods

Section	Orders	Who can apply?	Time limits
31A(1)(c)	An order authorising the sale of the uncollected goods	Receiver	-
31A(1)(d)	An order that the uncollected goods be sold in a particular manner <insert method of sale>	Receiver	-
31A(1)(e)	An order that the proceeds of the sale of the uncollected goods or equivalent amount be paid to <insert name>	Receiver	-
31B(1)(d)	An order that the receiver pay the proceeds of sale, or an equivalent amount, to the depositor or person	Depositor or person who has an interest in the goods	180 days commencing on the relevant date

Payment of compensation

Section	Orders	Who can apply?	Time limits
31B(1)(a)	An order that the receiver pay compensation for the disposal of the uncollected goods	Depositor or person who has an interest in the goods	60 days for low value or medium value uncollected goods 90 days for high value uncollected goods or personal documents
31(1)(b)	An order that the receiver pay compensation for damage caused to the uncollected goods	Depositor or person who has an interest in the goods	60 days for low value or medium value uncollected goods 90 days for high value uncollected goods or personal documents

Section

Orders

Who can apply?

Time limits

31B(1)(a)

An order that the receiver pay compensation for the disposal of the uncollected goods

Depositor or person who has an interest in the goods

60 days for low value or medium value uncollected goods

90 days for high value uncollected goods or personal documents

31(1)(b)

An order that the receiver pay compensation for damage caused to the uncollected goods