Beaven & Ors v Fink & Ors [2009] NSWDC 218

New South Wales District Court

CITATION: Beaven & Ors v Fink & Ors [2009] NSWDC 218

HEARING DATE(S): 10/02/2009-13/02/2009, 16/02/2009-17/02/2009

JUDGMENT DATE: 19 August 2009

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

1) Verdict and judgment for the plaintiffs against Mr Fink and Mr Rietveld in the action for conversion and trespass in the sum of $21,571. 2) Verdict and judgment for the plaintiffs against Mr Fink in the action for slander in the sum of $2,500. DECISION: 3) Verdict for Thomas Fink on the claims against him in trespass and conversion. 4) The proceedings are listed at 9.30 on 25 August 2009 to hear argument on the question of costs. 5) Exhibits are returned.

CATCHWORDS: Conversion: Onus of Proof of Ownership - Property removed from plaintiff's land - Evidence of Identifying features provided at late stage in proceedings - Slander - Claim of liability - General, aggravated and exemplary damages

LEGISLATION CITED: Crimes Act 1900 Defamation Act 2005

Holmes v Fraser [2008] NSWSC 570 CASES CITED: Gatward v Alley (1940) 40 SR(NSW) 174 Jerome v Bentley [1952] 2 All.ER 114

Cross on Evidence, D M Byrne QC and J D Heydon, 3rd Aus Edition TEXTS CITED: Law of Torts, Fleming, 7th Edition Law of Torts, R P Balkin & J L R Davis, 2nd Edition Torts, Commentary and Materials, W L Morison & C Sappideen, 7th edition

Robin Newton Beaven (First Plaintiff) Mildred Josephine Beaven (Second Plaintiff) PARTIES: Alexander Edward Beaven (Third Plaintiff) Andre Fink (Second Defendant) William Bertrand Rietveld (Third Defendant) Thomas Fink (Fourth Defendant)