Curtis v Perth and Fremantle Bottle Exchange Co Ltd [1914] HCA 21

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18 C.L.R.] OF AUSTRALIA. 17

(HIGH COURT OF AUSTRALIA.]

CURTIS . é : : ' 5 ' APPELLANT ; DEFENDANT,

AND

THE PERTH AND FREMANTLE BOTTLE EXCHANGE CO. LTD. . rie i PLAINTIFFS,

} RESPONDENTS.

ON APPEAL FROM THE SUPREME COURT OF WESTERN AUSTRALIA.

Bailment—Hiring agreement—Hiring of receptacles for goods—Sale of goods— H. C. or A. Estoppel as to ownership of receptacles. 1914.

A person may lawfully hire out receptacles for goods on the condition that, nr. sour,

having been used for the purpose of one sale of goods placed therein by the

April 3, 6. hirer, the person by whom they are hired out shall be entitled to repossession ~"" of them. Griffith 0.4, Barton, Isaacs and

Where receptacles have been so bired out and goods contained in them are "Rich JJ. sold without the purchaser being made aware that the ownership of the receptacles is not intended to pass with that of the goods, as in the ordinary course of trade it would, the person by whom the receptacles are hired out will be estopped from setting up his title to them, and that estoppel will enure to the benefit of all the world, including persons who with notice of the original hiring subsequently acquire the receptacles.

Beer bottles were hired out by the plaintiffs to brewers on the terms that they should belong to the plaintiffs who, after they had been used for one sale of beer, should be entitled to recover possession of them. 'The bottles had blown in the glass the plaintiffs' trade mark, and the words "' The property of" followed by the plaintiffs' name. Brewers having filled the bottles with beer sold the beer to retail dealers and gave them express notice that the bottles were the sole property of the plaintiffs. A similar notice was adver- tised in newspapers. Retail dealers sold the beer in the bottles without

VoL, Xvitt. 2