Butler v Egg & Egg Pulp Marketing Board [1966] HCA 38

Butler v Egg & Egg Pulp Marketing Board [1966] HCA 38

The Board's damages for conversion were to be assessed by its actual loss, not the full value of the eggs. Because the appellants' statutory performance would have resulted in the Board selling the eggs but paying the appellants from the proceeds, damages were the value of the eggs at the dates of conversion less the sums the Board would have paid the appellants had the eggs been delivered.

Jurisdiction
Australia
Procedural Posture
Action for Damages for Conversion / Appeal From Order of the Supreme Court on a Special Case
Outcome
Appeal allowed.
Legal Topics
['conversion' 'assessment of Compensatory Damages' 'statutory Vesting of Property in Commodities' 'marketing Boards']
['tort Law' 'damages' 'statutory Marketing of Primary Products'] ['conversion' 'assessment of Compensatory Damages' 'statutory Vesting of Property in Commodities' 'marketing Boards']

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Procedural Posture

Action for Damages for Conversion / Appeal From Order of the Supreme Court on a Special Case

Legal Issues

  1. 1 ["Whether damages for conversion of eggs vested in the respondent Board should be assessed at the full value of the eggs or by reference to the respondent's actual loss." 'Whether sums that the respondent would have had to pay the appellants if the eggs had been delivered under the Marketing of Primary Products Act 1958 Vict. should be deducted in assessing damages.']

Ratio Decidendi

The Board's damages for conversion were to be assessed by its actual loss, not the full value of the eggs. Because the appellants' statutory performance would have resulted in the Board selling the eggs but paying the appellants from the proceeds, damages were the value of the eggs at the dates of conversion less the sums the Board would have paid the appellants had the eggs been delivered.

Court Disposition

Appeal allowed.

Orders

  • ['Order of the Supreme Court set aside.' 'Question 1 in the special case answered: The damages are to be assessed as the value of the eggs at the date of the conversions by the appellants less the sums which the respondent would have paid to the appellants if the appellants had delivered the eggs to the respondent...