Brambles Australia Ltd. t/as CHEP Australia v Tatale Pty. Ltd. & Anor.

[2004] NSWCA 232

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Summary disposal
3. › Summary dismissal
4. › Whether reasonable cause of action disclosed
5. › Whether triable issue existed
6. › District Court Rules Part 11A Rule 3
1. Tort
2. › Detinue
3. › Demand for return of goods
4. › Whether letter capable of amounting to withdrawal of consent to possession
5. › Whether continued use after withdrawal of consent demonstrated intention to hold in defiance of owner's rights
1. Tort
2. › Conversion
3. › Possession and use of goods without owner's consent
4. › Whether cutting of pallets amounted to conversion
5. › Whether continued retention, use and disposal after communication of withdrawal of consent amounted to conversion

Quick Take

A letter from an owner asserting ownership rights and demanding return of goods or entry into a hire agreement is capable of amounting to a withdrawal of consent to the possessor's continued use, even if the owner's preference is for a commercial arrangement rather than return. Whether such a letter amounts to withdrawal of consent is a question of fact to be determined at trial, not on summary dismissal. Deliberate physical alteration of goods for the possessor's own purposes is capable of amounting to conversion even before any formal demand for return.