Management 3 Group Pty Ltd (in liq) v Lenny's Commercial Kitchens Pty Ltd (No 2) [2011] FCA 663

FEDERAL COURT OF AUSTRALIA

Management 3 Group Pty Ltd (in liq) v Lenny's Commercial Kitchens Pty Ltd (No 2) [2011] FCA 663 Citation: Management 3 Group Pty Ltd (in liq) v Lenny's Commercial Kitchens Pty Ltd (No 2) [2011] FCA 663

Parties: MANAGEMENT 3 GROUP PTY LTD (IN LIQ) (ACN 100 863 036) and ANDREW REGINALD YEO AND GESS MICHAEL RAMBALDI (AS LIQUIDATORS OF MANAGEMENT 3 GROUP PTY LTD (IN LIQ) (ACN 100 863 036)) v LENNY'S COMMERCIAL KITCHENS PTY LTD (ACN 009 044 295) and SINO IRON PTY LTD (ACN 058 429 708)

File number: VID 350 of 2009

Judge: DODDS-STREETON J

Date of judgment: 10 June 2011

Catchwords: TORTS – Conversion – Corporation purchased kitchen goods and additional goods for installation in mining camp site pursuant to construction contract with mining company – Purchase Agreement for kitchen goods contained retention of title clause – Corporation failed to pay for kitchen goods in full – Kitchen goods in locked containers on construction site – Keys held by seller – Whether corporation had immediate right to possession or possession of kitchen goods – Whether corporation had possession of construction site – Whether additional goods affixed to camp site as at date of corporation's voluntary administration – Seller transferred its interest in kitchen goods to mining company – Whether respondents converted kitchen goods and additional goods CORPORATIONS – Company under administration – Whether mining company paid the value of kitchen goods and additional goods and/or acquired title thereto under construction contract CONTRACTS – Interpretation of construction contract – Whether unaffixed goods purchased by mining company RESTITUTION – Total failure of consideration – Whether consideration for kitchen goods totally failed – Whether seller accountable for money had and received