Bunnings Group Limited v CHEP Australia Limited [2011] NSWCA 342

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bunnings Group Limited v CHEP Australia Limited [2011] NSWCA 342 Hearing dates: 20 & 21 September 2011 Decision date: 10 November 2011 Before: Allsop P at 1 Giles JA at 193 Macfarlan JA at 206 Decision: 1.Grant leave to the parties to file within 14 days draft orders and submissions in support thereof of no more than 10 pages that each submits should flow from these reasons. 2.Proceedings stood over to a date to be fixed for making of orders and any further argument. [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 - intentional - conversion; elements of - mere possession not conversion in commercial context of fungible goods released into market on terms contemplating sub-bailment and transfer of possession - conversion established by refusal to make available or deliver-up goods in response to unconditional demand.

TORTS - intentional - conversion - user principle - whether nature of use of goods repugnant to rights of true owner - necessary to assess use considering all circumstances of case - Penfolds Wines Pty Ltd v Elliott [1946] HCA 46; 74 CLR 204 considered.

CORPORATIONS - attribution of knowledge of agent - relevant factors.