Hill & Anor v Reglon Pty Limited

[2007] NSWCA 295

NSW Court of Appeal

Built by Barristers,
For Australian Law.

1. Bailment
2. › bailment created by contract
3. › whether common law principles continue to apply depends upon construction of contract
4. › common law rights excluded only where clearest terms used
5. › bailment contract provided remedies were not exclusive but cumulative to remedies existing at law
6. › not necessary for bailor to accept repudiation for the right of possession to revert to bailor
1. Bailment
2. › goods of bailor interchangeable with goods of third party so as to be indistinguishable
3. › where goods mixed by accident owners become owners in common of the mixed property
4. › whether goods were mixed
1. Bailment
2. › purpose of bailment was for on-hire of goods
3. › bailor entitled to immediate possession where bailee performs act repugnant to or inconsistent with terms of bailment
4. › whether action of bailee providing goods to third party for on-hire was repugnant to bailment
1. Practice and Procedure
2. › cause of action accrued after proceedings commenced
3. › Civil Procedure Act 2005 (NSW) s 64 allows document to be amended to substitute cause of action that accrues after proceedings commenced