NSW Caselaw
New South Wales Supreme Court
CITATION : Loiero (aka Lero) v Adel Sportswear Pty Ltd & Ors [2010] NSWSC 1133
HEARING DATE(S) : 27 and 28 September 2010
JUDGMENT DATE : 14 October 2010
JUDGMENT OF : Ball J
DECISION : A declaration that the plaintiff is the true owner and is entitled to possession of the items listed on schedule 4 to an agreement dated 22 January 2010 between the plaintiff, first, second and third defendants and others.
CATCHWORDS : REAL PROPERTY - Fixtures - whether plant and equipment were installed on property with intention they become part of land. CONTRACT - Construction - whether term operated as a condition precedent or a binding obligation. SALE OF GOODS - whether transfer occurred notwithstanding the rights of a third party under a bill of sale
LEGISLATION CITED : Sale of Goods Act 1923
CATEGORY : Principal judgment
Australian Provincial Assurance Co Ltd v Coroneo (1938) 38 SR (NSW) 700 Craven v Gael [1932] VLR 172 Jiwira v PIBA [2000] NSWSC 1094 CASES CITED : May v Ceedive Pty Limited [2006] NSWCA 369 National Australia Bank v Blacker [2000] FCA 1458, 104 FCR 288 Nearhaze Pty Ltd v Official Trustee (1999) BPR 17,273 Reid v Smith (1906) 3 CLR 656
Anthony Tony Mario Loiero (aka Anthony Lero) (Plaintiff) Adel Sportswear Pty Ltd ACN 113 110 893 (First Defendant/Cross Defendant) PARTIES : Robert Tiricovski (Second Defendant) Slavica Tiricovski (Third Defendant) Australia and New Zealand Banking Group Limited ACN 005 357 522 (Fourth Defendant/Cross Claimant)
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