NSW Caselaw
Reported Decision : (2004) Aust Torts Reports 81-759
New South Wales Court of Appeal
CITATION : Brambles Australia Ltd. t/as CHEP Australia v. Tatale Pty. Ltd. & Anor. [2004] NSWCA 232 HEARING DATE(S) : 9 July 2004 JUDGMENT DATE : 9 July 2004
JUDGMENT OF : Hodgson JA at 1; McColl JA at 47; Windeyer J at 48 DECISION : 1. Leave to appeal granted. 2. Notice of Appeal to be filed within 14 days. 3. Appeal upheld. 4. Orders below set aside. 5. Opponent's Notice of Motion dated 18 July 2003 dismissed with costs. 6. Opponents to pay claimant's costs of the application and appeal and to have a Suitors Fund Act certificate if otherwise entitled.
CATCHWORDS : PROCEDURE - Summary disposal - Whether reasonable cause of action - TORT - Detinue and conversion - Possession, use and/or disposal after withdrawal of owner's consent. Baud Corp NV v Brook (1973) 40 DLR (3d) 418 CASES CITED : Capital Finance Co. Ltd. v. Bray [1964] 1 AllER 603 Model Dairy Pty. Ltd. v. White [1935] Arg LR 43 Penfolds Wines Pty. Ltd. v. Elliott (1946) 74 CLR 204 Brambles Australia Limited t/as CHEP Australia - claimant PARTIES : Tatale Pty. Limited - first opponent Venasti Pty. Limited - second opponent FILE NUMBER(S) : CA 40872/03 COUNSEL : Mr. B. Coles QC with Mr. P.T. Russell for claimant Mr. R. McKeand SC for opponents SOLICITORS : Cowley Hearne, North Sydney for claimant Ian J. Kalaf, La Perouse for opponents
LOWER COURT District Court JURISDICTION : LOWER COURT DC7010/02 FILE NUMBER(S) : LOWER COURT Murrell DCJ JUDICIAL OFFICER :
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40872/03 DC 7010/02
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