Bailment

No need for fee to be paid for bailment: Andrew v Griffin [1918] 1 WWR 274

In case of loss of goods left with bailee for reward, onus is on bailee to prove that such loss was not caused by his fault or any of his servants or agents to whom he entrusted the goods for safe-keeping: Port Swettenham Authority v WU [1978] 3 WLR

Can baillee provide sufficient and convincing evidence of his having taken reasonable precautions to guard against the disappearance or loss: Thomas National Transport (Melb) Pty Ltd v May & Barber (1966) 115 CLR 353

Exclusion clause – car purchased from defendant – work required and car remained in defendant’s garage over week end – car stolen during this time – negligence found – principles of construction of exclusion clauses – relevance of “ticket” cases – onus on parties seeking to enforce condition: Livingstone v Roskilly [1992] 3 NZLR 230.

Onus of proving damage “other than fair wear and tear”: Wicks Farming Pty Ltd v Waraluck Mining Pty Ltd [1996] 1 Qd R 99

Where tenant leaves goods on premises and then vacates leaving outstanding rent due – landlord’s position as bailee: Boweden v Lo unreported decision of Hodgson J May 1998 – Supreme Court of NSW

Sub-bailment — Detinue — Vendor engaged bailee to transport goods — Goods subsequently delivered to sub-sub-bailee in course of transport — Sub-sub-bailee retained them as security for debts owed by sub-bailee: Followmont Transport Pty Ltd v Premier Group Pty Ltd— Supreme Court, Qld, Court of Appeal — Pincus JA, Moynihan and Atkinson JJ — 22 Jun 1999 4539/98

Liability — Damage — Appeal from decision of trial judge awarding damages for breach of bailment — Respondent a truck driver whose business involved transportation of prefabricated houses by low-loaders drawn by prime mover: Gerrard v Slamar [2004] WASCA 253, BC200407501

Bailor — Breach of agreement — Negligence — Appeal against District Court decision finding bailee breached bailment agreement — Respondent’s motor vehicle stolen from appellant’s showroom: Terry Hogan Prestige Cars Pty Ltd v Opera Investments Pty Ltd [2006] NSWCA 139

Hire of chep pallets — Right to immediate possession — Application for possession of all pallets in possession of defendants — Plaintiffs’ distinctive chep pallets widely used in transport industry for carriage of manufactured goods: BIS Cleanaway t/as CHEP v Tatale; Brambles t/as CHEP v Tatale [2007] NSWSC 378

Bailee — Duties — Engagement ring — Appeal against decision of magistrate — Respondent instituted proceedings to recover engagement ring or its value of $15,250 from appellant former fiancée: Papathanasopoulos v Vacopoulos: [2007] NSWSC 502

Hire of scaffolding — Mixture of goods: Hill v Reglon Pty Ltd [2007] NSWCA 295

Existence of bailment relationship — Control of bailee: Clambrake Pty Ltd v Tipperary Projects Pty Ltd (No 3) [2009] WASC 52

Sub-bailee – appellants collected cash from businesses and transported it securely to banks or other financial institutions – appellants subcontracted work to respondent pursuant to written contract, clause of which made respondent liable to compensate appellant for loss or damage arising from breach – respondent conveyed cash from premises of appellants’ client to its bank – respondents’ employees robbed – cash belonging to client stolen while in transit to bank – appellants reimbursed sum to its client and sought to be indemnified by respondent – respondent liable pursuant to clause of contract and as sub-bailee – appeal allowed: Cash Logistics Pty Ltd v Nelson [2015] SASC 117