NSW Caselaw
New South Wales Court of Appeal
CITATION: LMC Caravan GmbH & Co KG v GE Commercial Corporation (Australia) Pty Ltd [2010] NSWCA 120 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 20 May 2010
JUDGMENT DATE: 20 May 2010
JUDGMENT OF: Allsop P at 1; Hodgson JA at 45; Macfarlan JA at 51
EX TEMPORE JUDGMENT DATE: 20 May 2010
DECISION: Appeal dismissed with costs
CATCHWORDS: CONTRACT – construction and interpretation of contracts – retention of title clause – tripartite commercial arrangement – dealer in insolvent administration – whether vendor or floor plan financier of the dealer has title to the goods – retention of title clause qualified by authority given to dealer to on-sell the goods – words to be given ordinary business meaning
LEGISLATION CITED: Sale of Goods Act 1923 (NSW)
CATEGORY: Principal judgment
CASES CITED: Kuru v State of New South Wales [2008] HCA 26; 236 CLR 1 Lumbers v W Cook Builders Pty Ltd (in liq) [2008] HCA 27; 232 CLR 635
PARTIES: LMC Caravan GmbH & Co KG (Appellant) GE Commercial Corporation (Australia) Pty Ltd (Respondent)
FILE NUMBER(S): CA 2009/298473
COUNSEL: Mr R J Weber SC, Mr A M Maroya (Appellant) Mr G Burton SC, Mr A Bulley (Respondent)
SOLICITORS: Holman Webb Lawyers (Appellant) Dibbs Barker Lawyers (Respondent)
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): 2009/2012
LOWER COURT JUDICIAL OFFICER: Palmer J
LOWER COURT DATE OF DECISION: 13 August 2009
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