Conversion and Detinue

Conversion and Detinue


Right to possession — Claim for return of property: Brambles Australia Ltd (t/as CHEP Australia) v Tatale Pty Ltd [2004] NSWCA 232

Goods not property of applicant seized pursuant to search warrant by NCA – whether applicant has possessory title to recover goods when no longer needed by NCA: Flack v Chairperson of NCA 150 ALR 153

Chattels — Chattel securities — Motor vehicles — Appeal against findings on claims in conversion and detinue — Appellant motor vehicle wholesaler: Southbank Traders Pty Ltd v General Motors Acceptance Corp Australia [2006] VSCA 102

Ownership and possession — right to immediate possession — property owned by a corporation — rights of directors, managers and sole shareholders in respect of corporate property — bailment — possessory title — de facto possession – TORTS — TROVER AND DETINUE — possession or right to possession — what constitutes conversion: Burnett and Anor v Randwick City Council [2006] NSWCA 196

Conversion — Hire of scaffolding — Right to possession — Appeal against decision of New South Wales Supreme Court (NSWSC) — Respondent entered into hire agreement with ACS Hire Pty Ltd (ACS) for purpose of on-hiring respondent’s scaffolding to other users: Hill v Reglon Pty Ltd [2007] NSWCA 295

Money — Cheques — Conversion — Appeal against decision of New South Wales Supreme Court (NSWSC) — Agent practised fraud on respondents involving drawing and purchasing of cheques by respondents: Perpetual Trustees Australia Ltd v Heperu Pty Ltd [2009] NSWCA 84

Conversion — Aircraft parts — Inadvertence — Application for damages — Applicant owned aircraft located at airport: Harper v Reg-Air Pty Ltd [2009] FCA 448

Trover and detinue — What constitues conversion — Generally — Where the respondents alleged the appellant was liable in conversion for wrongful payment of a cheque — Where the respondents’ pleading did not address the requirement of possession or a right to possession — Whether a plaintiff may claim damages against a drawee or paying bank in an action for conversion — Whether summary judgment should be granted in favour of the appellant: Westpac Banking Corporation v Hughes and Anor [2011] QCA 42

Measure of damages in conversion: Kuwait Airways Corporation v Iraqi Airways [2002] 2 WLR 1353

Measure of damages – wholesaler – purchase price or sale price in wholesale market: Furness v Adrium Industries (1996) 1 VR 668



Distinction between conversion and detinue: General Finance v Cooks Cons [1963] 2 AER 314

Measure of damages for detinue – loss of profits otherwise made – proof of available market not essential: Gaba Formwork v Turner (1991) 32 NSWLR 175

Cause of action – whether writ filed within time: Ming Kuei Property Investments v Hampson 126 ALR 313

Damage to chattels – detinue and conversion – distinction between causes of action – principles of assessment of damages: Pargiter v Alexander (1995) 5 Tas R 158

Possession — Detinue and conversion — Hire agreement: BIS Cleanaway t/as CHEP v Tatale; Brambles t/as CHEP v Tatale [2007] NSWSC 378