The applicants brought an application under the Repair and Storage Liens Act arising from a commercial dump truck lease and the repairer's subsequent sale of the vehicle.
The court found that the respondent lessee was in arrears and had breached the lease, and that the respondent repairer sold the truck without providing proper notice to the applicants.
The court also held that, by entering into a further agreement after mailing notices, the repairer waived reliance on the earlier notice.
The sale was found not to be commercially reasonable and contrary to the Act.
