Sadcas Pty Ltd v Business and Professional Finance Pty Ltd [2011] NSWCA 267

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sadcas Pty Ltd v Business and Professional Finance Pty Ltd [2011] NSWCA 267 Hearing dates: 27 July 2011 Decision date: 12 September 2011 Before: Giles JA at [1], Whealy JA at [82], Handley AJA at [83] Decision: 1. Set aside the verdict for the plaintiff against the first defendant and the judgment for $165,704.09 and the order that the first defendant pay the plaintiff's costs. 2. In lieu thereof, verdict for the first defendant against the plaintiff and judgment for the first defendant and order that the plaintiff pay the first defendant's costs. 3. Respondent pay the appellant's costs and have a certificate under the Suitor's Fund Act if otherwise eligible. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: TORTS - Conversion - respondent leased equipment to appellant's tenant - tenant vacated premises - equipment left on premises - appellant leased premises to new tenant - whether respondent had right to immediate possession - lease agreements still on foot and no conduct by lessee wholly repugnant to or destructive of bailment - no right to immediate possession - whether appellant converted equipment by leasing premises to new tenant - no conversion as leasing did not prevent respondent from retaking equipment - whether appellant converted equipment by later refusals to return equipment - did not refuse.