Suncorp Metway Advances Corporation Pty Limited v PNS Graphics Australia Limited [2009] NSWDC 29

New South Wales District Court

CITATION: Suncorp Metway Advances Corporation Pty Limited v PNS Graphics Australia Limited [2009] NSWDC 29

HEARING DATE(S): 02/03/09 and 04/03/09

JUDGMENT DATE: 4 March 2009

JURISDICTION: Civil

JUDGMENT OF: Rolfe DCJ

DECISION: Verdict for the Plaintiff against the 1st Defendant.

CATCHWORDS: Asset Purchase Agreement - Application of s 28 (2), Sale of Goods Act 1923 - Mercantile Agent - Was third party acting in this capacity - Conversion - Scope of damages award - Claim for restitutionary relief based on sale price achieved by a third party without title to the goods.

LEGISLATION CITED: Sale of Goods Act 1923 Civil Procedure Act 2005

Helby v Matthews (1895) AC 471 Lee v Butler (1893) 2QB 318 Associated Midland Corporation v Sanderson Motors Pty Limited (1983) 3 NSW LR 395 at 400 CASES CITED: Oppenheimer v Attenborough (1908) 1KB 221 Magnussen v Flanagan (1981) 2 NSW LR 926 Commonwealth Bank v Butterell (1994) 35 NSW LR 64 United Australia Limited v Barclays Bank Limited (1941) AC 1 at 11-13 & 34 Wickham Holdings Ltd v Brookhouse Motors Limited (1967) 1 WLR 295 at 299

PARTIES: Suncorp Metway Advances Corporation Pty Limited (Plaintiff) PNS Graphics Australia Limited (Defendant)

FILE NUMBER(S): 1315/07

COUNSEL: J White (Plaintiff) S Gray (Defendant)

JUDGMENT

1 The Plaintiff, Suncorp Metway Advances Corporation Pty Limited ("Suncorp"), carries on the business of purchasing goods and then entering into agreements for the sale, lease, rental and hiring of those goods.