Gottfried v Allsop [2016] NSWDC 84

District Court New South Wales

Medium Neutral Citation: Gottfried v Allsop [2016] NSWDC 84 Hearing dates: 10-11 March 2016 Date of orders: 11 March 2016 Decision date: 11 March 2016 Jurisdiction: Civil Before: Neilson DCJ Decision: See orders at par [37]. Catchwords: CIVIL – TORT LAW – Claims in detinue, conversion and replevin of personal property allegedly detained/converted following the sale of the plaintiff's matrimonial residence– Sale of realty executed by plaintiff's wife on "walk in, walk out" basis whilst plaintiff incarcerated – Whether personalty plaintiff's property or property of matrimonial relationship – Whether plaintiff, by his being incarcerated, is "precluded from denying the seller's authority to sell" matrimonial property – Whether plaintiff held better title than his wife – Whether a reasonable man, in the position of the defendant, would expect the plaintiff, acting honestly and responsibly, to take steps to make his claim known to, and discoverable by, the defendant and whether, in the face of an omission to do so, the defendant could reasonably assume that no such title was claimed Legislation Cited: Family Law Act 1975 Sale of Goods Act 1923 Cases Cited: Agripower Barraba Pty Ltd v Blomfield [2015] NSWCA 30 Rosecell Pty Ltd v JP Haines Plumbing Pty Ltd [2015] NSWSC 1238 Category: Principal judgment Parties: Gottfried Dieck (Plaintiff) Tully Mark Allsop (Defendant) Representation: Mr Morris (Plaintiff) Mr Reynolds (Defendant) File Number(s): 2015/00181130 Publication restriction: No