6100 Pty Ltd v Ferngrove Pharmaceuticals Australia Pty Ltd [2023] NSWSC 251

Supreme Court New South Wales

Medium Neutral Citation: 6100 Pty Ltd v Ferngrove Pharmaceuticals Australia Pty Ltd [2023] NSWSC 251 Hearing dates: 6, 7 and 8 March 2023 Date of orders: 22 March 2023 Decision date: 22 March 2023 Jurisdiction: Common Law Before: Hammerschlag CJ in Eq Decision: No orders made with respect to money in Court. See [79]-[81] Catchwords: CONTRACTS — STATUTORY INTERPRETATION — Storage Liens Act 1935 (NSW) (the Act) — where plaintiff claims to have been owner of goods (denatured ethyl alcohol) sold by it to a third party and delivered by it at the direction of that party to the defendant to be manufactured into hand sanitiser — where plaintiff claims to have retained ownership of the goods by virtue of a retention of title clause in a written agreement with the third party — where defendant claims to have security over the goods on the basis of a warehouseman's lien under s 3(1) of the Act — where the alcohol was sold by agreement between the parties and proceeds paid into Court to abide the Court's determination of the parties' respective rights in it — HELD — plaintiff has not established ownership of the goods — defendant has not established any lien Legislation Cited: Personal Property Securities Act 2009 (Cth) Storage Liens Act 1935 (NSW) Cases Cited: Commercial Union Assurance Company of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389 Fearnley v Finlay [2014] 2 Qd R 392; [2014] QCA 155 Forge Group Power Pty Ltd (in liq) (rec and mgr apptd) v General Electric International Inc [2016] NSWSC 52; (2016) 305 FLR 101 L'Estrange v F Graucob Ltd [1934] 2 KB 394 Toll (FGCT) Pty Limited v Alphapharm Pty Ltd (2004) 219 CLR 165; [2004] HCA 52 Category: Principal judgment Parties: 6100 Pty Ltd (ACN 621 358 389) (Plaintiff) Ferngrove Pharmaceuticals Australia Pty Ltd (ACN 154 645 762) (Defendant) Representation: Counsel: R Glasson (Plaintiff) D Pritchard SC with S Burchett (Defendant)