Saad v Volvo Finance Australia Pty Ltd [2020] NSWCA 282

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Saad v Volvo Finance Australia Pty Ltd [2020] NSWCA 282 Hearing dates: 4 November 2020 Decision date: 11 November 2020 Before: Basten JA at [1]; Payne JA at [57]; Simpson AJA at [58] Decision: (1) Dismiss the appeal from the judgment and orders in the Common Law Division given and made on 20 March 2020. (2) Order that the appellant pay the respondent's costs of the appeal. Catchwords: TORTS – detinue and conversion – property comprising four commercial trucks with trailers – claim for possession by financier – operating company in liquidation – vehicles disappeared – vehicles discovered in secluded location – whether defendant had possession, control or dominion of vehicles APPEALS – challenge to findings of fact – credibility of witnesses – basis for interfering with adverse credibility findings – admissions against interest – use of aerial photography to locate vehicles – all vehicles together – defendant's admission of control of one vehicle – defendant's offer to deliver all five vehicles for a fee or purchase vehicles Cases Cited: Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Category: Principal judgment Parties: Barry Saad (Appellant) Volvo Finance Australia Pty Ltd (Respondent) Representation: Counsel: G Carolan (Appellant) E P Anderson (Respondent)

Solicitors: MCK Lawyers (Appellant) Dowd & Company (Respondent) File Number(s): 2020/101444 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Common Law Division Citation: [2020] NSWSC 262 Date of Decision: 20 March 2020 Before: Cavanagh J File Number(s): 2018/125351