BIS Cleanaway (trading as CHEP) & Ors v Tatale & Anor; Brambles (trading as CHEP) v Tatale & Anor [2007] NSWSC 378

New South Wales Supreme Court

CITATION : BIS Cleanaway (trading as CHEP) & Ors v Tatale & Anor; Brambles (trading as CHEP) v Tatale & Anor [2007] NSWSC 378

HEARING DATE(S) : 12-16 March and 19 March 2007

JUDGMENT DATE : 2 May 2007

JURISDICTION : Commercial List

JUDGMENT OF : McDougall J at [1]

DECISION : See paras [134] to [138] of judgment

CATCHWORDS : CONVERSION AND DETINUE - where pallets bailed pursuant to terms of hire that reserve right of immediate possession to bailor at all times - whether bailor entitled to return of pallets on demand without terminating hire agreement - where bailee gives possession of pallets to stranger - whether bailor entitled to return of pallets on demand without terminating hire agreement between it and bailee - ius tertii - whether stranger can set up bailee's right of possession against bailor - whether warranty of quiet enjoyment implied by TPA s 69(1)(b) defeats bailor's claim to possession as against stranger - INJUNCTION - whether bailor entitled to mandatory injunction for delivery up of pallets - whether such an order can be made where pallets are not uniquely identifiable - whether such order can be made where pallets are fungible or interchangeable - CONTRACT - novation - offer and acceptance - where bailees notified of intention to novate bailor's obligations - whether acceptance of novation can be inferred from bailees' conduct - STAMP DUTIES - written offers orally accepted for transfer of title to and rights to use pallets - whether goodwill of pallet hire business assigned together with right to use pallets and associated equipment and technology - whether transfer of title to and right to use pallets includes transfer of goodwill relating to their use in business - whether transfer of "dutiable property" -