NSW Caselaw
New South Wales Supreme Court
CITATION : Orix Australia Corp Ltd v Peter Donnelly Automotive Pty Ltd [2007] NSWSC 977
HEARING DATE(S) : 9 & 24 July, 3, 11 & 21 August 2007
JUDGMENT DATE : 31 August 2007
JURISDICTION : Equity
JUDGMENT OF : Hamilton J
DECISION : Plaintiff entitled to retain vehicle which defendant sought to repossess.
CATCHWORDS : CONTRACTS [1] – General contractual principles – Offer and acceptance – Contract implied from conduct of parties – Delivery taken of vehicle without further response after written offer to supply it on specified terms - SALE OF GOODS [38] – Passing of property and risk – Passing of property – Other cases – Cash on delivery – Property does not pass until payment.
Civil Procedure Act 2005 ss 56(1) & 60 LEGISLATION CITED : Factors (Mercantile Agents) Act 1923 s 5(1) Sale of Goods Act 1923 ss 23 Rules 1, 5(1), 28(2)
Brambles Holdings Ltd v Bathurst CC (2001) 53 NSWLR 153 Brogden v Metropolitan Railway Company (1877) 2 App Cas 666 Butler Machine Tool Co Ltd v Ex-cell-O Corporation (England) Ltd [1979] 1 WLR 401 Empirnall Holdings Pty Ltd v Machon Paull Partners Pty Ltd (1988) 14 NSWLR 523 CASES CITED : Gamer's Motor Centre (Newcastle) Pty Ltd v Natwest Wholesale Aust Pty Ltd (1987) 163 CLR 236 Minister for Supply and Development v Servicemen's Co-operative Joinery Manufacturers Limited (1951) 82 CLR 621 Ward Ltd v Bignall [1967] 1 QB 534 Carter on Contract (looseleaf) [02-060] K C T Sutton, Sales and Consumer Law (4th ed, 1995) [1.5], [14.9]
PARTIES : Orix Australia Corporation Limited (P) Peter Donnelly Automotive Pty Ltd (D)
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