Queensland Consolidated Acts

SALE OF GOODS ACT 1896 - SECT 41

41 Unpaid seller’s right

(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 right to retain the goods for the price while the unpaid seller is in possession of them;

(b) in case of the insolvency of the buyer—a right of stopping the goods
"in transitu" after the unpaid seller has parted with the possession of them;

(c) a right of resale as limited by this Act.

(2) When the property in goods has not passed to the buyer, the unpaid seller has, in addition to the unpaid seller’s other remedies, a right of withholding delivery similar to and coextensive with the unpaid seller’s rights of retention and stoppage
"in transitu" when the property has passed to the buyer.