Progeny of converted domestic animals are separate 'goods' from the original animals for the purposes of s 21 of the Limitation Act 1969 (NSW). The owner of the dam has separate title to each generation of progeny once born, and extinction of title to the original animal under s 65 does not extinguish title to progeny that came into existence before that extinction. A demand in detinue cannot extend to goods not yet in existence. The question of who bears the burden of proof on limitation in conversion/detinue cases where s 65 extinguishes title was raised but not finally determined.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
2 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.