Georges v Tribastoni [2011] NSWDC 36

District Court New South Wales

Medium Neutral Citation: Georges v Tribastoni [2011] NSWDC 36 Hearing dates: 20, 21, 24, 25, 27, 28, 31 January, 1 and 2 February 2011 Decision date: 25 February 2011 Jurisdiction: Civil Before: Judge Peter Johnstone Decision: Judgment for the plaintiff with costs Catchwords: TORT - conversion and detinue Legislation Cited: Evidence Act 1995 Category: Principal judgment Parties: Symond Georges (Plaintiff) Fabio Tribastoni (First Defendant) Meridian Investment Group Pty Ltd t/as National Car Wholesalers (Second Defendant) Tony Haddad (Third Defendant) Representation: Mr D Roberts of counsel, instructed by Georgiou & Co, Solicitors (Plaintiff) Mr D Eardley of counsel, instructed by Madison Shakespeare, Solicitors (First Defendant) Mr A T Martin of counsel, instructed by Farah Lawyers (Third Defendant) The Second Defendant is in liquidation File Number(s): 2009/338322

REASONS FOR Judgment 1In May 2009 the plaintiff completed the purchase of a Ferrari from the second defendant. A few months later he engaged the third defendant to find a buyer and left the Ferrari with him for that purpose. The Ferrari was not returned to the plaintiff, and on 13 August 2009 it was sold to Supercar Classics Pty Ltd trading as Haberfield Classic & Sports Cars. The proceeds of that sale have not been accounted for to the plaintiff. 2Following completion of the purchase of the Ferrari, the plaintiff failed to effect a transfer of the registration of the Ferrari into his name, and it remained registered in the name of the second defendant until it was transferred into the name of Haberfield Classic & Sports Cars after the sale to that company. The first defendant was the owner and a director of the second defendant corporation. The first defendant caused the second defendant to prepare various documents that facilitated the sale and transfer of the registration to Haberfield Classic & Sports Cars.