Chattels

General

Where mortgagee disposed of chattels on mortgaged premises prior to exercise of power of sale: Thambiappah v Commonwealth Bank of Australia– [2010] NSWSC 520

Doctrine of accession as applied to chattels: McKeown v Cavalier Yachts [1988] 13 NSWLR 303.

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— what constitutes conversion: Burnett and Anor v Randwick City Council [2006] NSWCA 196

Upon default by a lessee a lessor could recover upon the terms of a lease only where there were proper clauses allowing rebate on rent paid in advance and adjusting the residual value of the leased goods by reference to their actual value at the relevant time – The relevant clauses of the lease were penalties because they did not constitute a genuine pre-estimate of the loss the lessor was entitled to recover – The lessor could not recover from the guarantor pursuant to the penalty clauses because a penalty clause is unenforceable ab initio and is of no legal effect – The rules for deciding which clauses in a lease were to be construed as penalties were unsatisfactory – Whether clauses penalties: Citicorp Australia v Hendry[1985] 4 NSWLR 1. And see “Agreed damages clauses in Financing Contracts in the light of Citicorp v Hendry” Austr Bus Law Review Vol 14 (1986) 63

Chattel Security

Chattel securities – Set off: Lloyds Bank NZA Ltd v. National Safety Council of Australia Victorian Division (In Liq) 115 ALR 93.

Mortgages — Chattel mortgage — Forfeiture — Application for relief against forfeiture — Forfeiture sought pursuant to chattel mortgage over helicopter MacDonald v CBFC Ltd — Supreme Court, Qld — Helman J — 12 Nov 2001 [2001] QSC 453

Chattel securities — Goods subject to conditional purchase agreements: General Motors Acceptance Corp Australia v Southbank Traders Pty Ltd [2007] HCA 19