Westpac Banking Corporation v Southern Environmental Services Pty Ltd [2020] NSWSC 448

Supreme Court New South Wales

Medium Neutral Citation: Westpac Banking Corporation v Southern Environmental Services Pty Ltd [2020] NSWSC 448 Hearing dates: 25-28 March; 23 April; 13 May 2019 Decision date: 28 April 2020 Jurisdiction: Common Law Before: Ierace J Decision: (1) The cross-claim be dismissed.

(2) The cross-claimant to pay the cross-defendants' costs of these proceedings. Catchwords: TORTS – interference with goods – conversion –whether cross-claimant had a right to possession – whether goods were abandoned – whether estoppel in pais applies – damages not awarded

TORTS – interference with goods – detinue – whether cross-claimant had a right to possession – whether failure to comply with a demand – no damages awarded Legislation Cited: Uncollected Goods Act 1995 (NSW) Cases Cited: Agricultural and Rural Finance Pty Ltd v Gardiner (2008) 238 CLR 570; [2008] HCA 57 BIS Cleanaway (trading as CHEP) & Ors v Tatale & Anor; Brambles (trading as CHEP) v Tatale & Anor [2007] NSWSC 378 Thompson v Palmer (1933) 49 CLR 507; [1933] HCA 61 Category: Principal judgment Parties: Westpac Banking Corporation (Plaintiff) Southern Environmental Services Pty Ltd (First Defendant/Cross-Claimant) Gyressa Pty Ltd (Second Defendant) Paul Thomas Cambage Wenham (Third Defendant) Gloucester 103 Holdings Pty Ltd (First Cross-Defendant) Klondu Group Pty Ltd (Second Cross-Defendant) Representation: Counsel: D Robertson (First Defendant/Cross-Claimant, Second Defendant, Third Defendant) A d'Arville (First and Second Cross-Defendants)