Whelan Kartaway Pty Ltd v G & C Weatherburn Pty Ltd (in liq) & Anor [2002] NSWSC 677

New South Wales Supreme Court

CITATION : Whelan Kartaway Pty Ltd v G & C Weatherburn Pty Ltd (in liq) & Anor [2002] NSWSC 677 CURRENT JURISDICTION: Common Law Division FILE NUMBER(S) : SC 10086/02 HEARING DATE(S) : 22 July 2002 6 September 2002 JUDGMENT DATE : 27 September 2002

Whelan Kartaway Pty Ltd PARTIES : G & C Weatherburn Pty Ltd (in liquidation) Robert Glen White JUDGMENT OF : Sperling J at 1

COUNSEL : Mr P R Glissan for the Plaintiff Mr W Thom (Solicitor) for the Second Defendant SOLICITORS : Pelosi & Associates Solicitors for the Plaintiff Webb Thom & Associates for the Second Defendant CATCHWORDS : Torts - interference with chattels - conversion and detinue - whether complicity in affixing equipment the property of the plaintiff to a truck the property of a third party gave rise to an estoppel by representation, precluding the plaintiff from denying that title to the equipment had passed on the sale of the truck and equipment by the third party to a further party LEGISLATION CITED : Sale of Goods Act 1923, s26 Clayton v Le Roy [1911] 2 KB 1031 CASES CITED : Hilberry v Hatton (1864) 2 H&C 822; 159 ER 341 McCurdy v PMG [1959] NZLR 553 Wilkinson v King (1809) 2 Camp 335; 170 ER 1175 DECISION : 1. Verdict and judgment for the second defendant; 2. Plaintiff to pay the second defendant's costs on a party-and-party basis subject to the following order; 3. Plaintiff's liability for costs to be off-set by the amount of any costs incurred on a party-and-party basis by the plaintiff, as a result of the hearing having not been completed without interruption.