BIS Cleanaway (trading as CHEP) & Ors v Tatale & Anor; Brambles (trading as CHEP) v Tatale & Anor

[2007] NSWSC 378

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. INJUNCTION - whether bailor entitled to mandatory injunction for delivery up of pallets - whether such an order can be made where pallets are not uniquely identifiable - whether such order can be made where pallets are fungible or interchangeable
1. CONTRACT - novation - offer and acceptance - where bailees notified of intention to novate bailor's obligations - whether acceptance of novation can be inferred from bailees' conduct
1. STAMP DUTIES - written offers orally accepted for transfer of title to and rights to use pallets - whether goodwill of pallet hire business assigned together with right to use pallets and associated equipment and technology - whether transfer of title to and right to use pallets includes transfer of goodwill relating to their use in business - whether transfer of "dutiable property"