Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Stoker v Picken [2012] FCA 1315 Citation: Stoker v Picken [2012] FCA 1315
Appeal from: Stoker v Mark Anthony Picken T/AS Gold Coast RV and Boating Services [2009] FMCA 839
Parties: BRIAN JAMES STOKER v MARK ANTHONY PICKEN
File number: QUD 235 of 2009
Judge: DOWSETT J
Date of judgment: 26 November 2012
Catchwords: LIEN – claim for storage charges – whether storage charge claim relinquishes right to lien – whether storage charges were linked with lien – whether wrongful claim extinguishes rightful claim; LIEN – possession of vessel – attempt at auction – storage of vessel – whether respondent had transferred possession of vessel to auction house thus relinquishing right to lien – whether respondent had transferred possession of vessel to third party whose land vessel was stored on thus relinquishing right to lien; QUANTUM MERUIT – challenge to amount actually owed after repair work completed on boat – contract to do repair work with respondent – whether quantum meruit should be reduced as repair work had been subcontracted out and completed by third party
Legislation: Disposal of Uncollected Goods Act 1967 (Qld) ss 4, 5 Evidence Act 1995 (Cth)
Cases cited: Donald v Suckling [1866] LR 1 QB 585 cited Gunnedah Municipal Council v New Zealand Loan and Mercantile Agency Company Ltd [1963] NSWR 1229 cited Somes v British Empire Shipping Co (1860) 8 HLC 337 cited Bowenbrae Pty Ltd & Anor v Flying Fighters Maintenance and Restoration Pty Ltd [2009] QDC 91 cited Albermarle Supply Co Ltd v Hind & Co [1928] 1 KB 307 considered DTR Nominees Pty Ltd v Mona Homes Pty Ltd (1977-1978) 138 CLR 423 cited Hill & Sons Ltd v London Central Markets Cold Storage Co Ltd (1910) 26 TLR 397 cited Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 cited The British Waggon Co v Lea & Co (1880) 5 QBD 149 cited Robson v Drummond 2 B&Ad 303 cited Alati v Kruger (1955) 94 CLR 216 cited Sykes EI and Walker S, The Law of Securities (5th ed, LawBook Co., 1993)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate