HANNAFORD v STEWART & ANOR [2011] NSWSC 448

Supreme Court New South Wales

Medium Neutral Citation: HANNAFORD v STEWART & ANOR [2011] NSWSC 448 Hearing dates: 7, 8, 9, 10, 11, 15, 17, 18 and 24 February 2011 Decision date: 19 May 2011 Jurisdiction: Common Law Before: Hall J Decision: That the defendants are liable to deliver up to the plaintiff, the property of the plaintiff, namely, the series of 10 portrait paintings and their frames (being the portraits listed in paragraph 7 of the Agreed Statement of Facts - Exhibit A) Catchwords: TORTS - DETINUE - plaintiff as a professional artist agreed for no remuneration (other than expenses) to paint 10 portraits of indigenous women for the promotion and assistance of a project - permission given by plaintiff to defendants to use images of the paintings in a forthcoming publication Black Chicks Talking - defence pleaded a binding agreement whereby the second defendant, a production company, would hold the property in or the ownership of the paintings - onus of proof on elements of the cause of action in detinue discharged CONTRACT - whether defendants discharged the evidentiary burden on them to prove a binding agreement as pleaded - defendants failed to discharge that onus - relief as sought in paragraph 1 of the Further Amended Statement of Claim to be granted - first defendant liable both as director of the second defendant and as the person who was responsible for obtaining and holding possession of the paintings - proposed order that defendants deliver up possession of the paintings to the plaintiff as the rightful owner of them - direction that parties prepare short minutes of order to give effect to the judgment. Cases Cited: Bellinger v Autoland Pty Limited [1962] VR 514 Evans & Sons v Spritebrand Limited [1985] 1 WLR 317 Performing Right Society v Ciryl Theatrical Syndicate [1924] 1 KB 1 at 14 Private Parking Services (Vic) Pty Limited v Huggard (1996) Aust Torts R 81-397 Texts Cited: The Laws of Australia: Torts Category: Principal judgment Parties: Robert HANNAFORD v Bain STEWART & ANOR Representation: Counsel: P: G M Gregg 1/2D: R T Beech-Jones SC/A L McAvoy Solicitors: P: Gilchrist Connell 1/2D: Ridge & Associates Pty Limited File Number(s): 09/297992