Hastings Deering Finance & Investment Co Ltd v Read [1962] HCA 24

Hastings Deering Finance & Investment Co Ltd v Read [1962] HCA 24

Section 22(1) of the Money-lenders and Infants Loans Act, 1941-1948 N.S.W. is not confined to curial enforcement and extends to extra-judicial enforcement of securities. The defendant's seizure of the vehicles under the non-compliant bill of sale was an act to enforce the security and could not be justified by...

Source-derived case information.

Jurisdiction
Australia
Procedural Posture
Appeal From an Order of the Full Court of the Supreme Court of New South Wales / High Court Appeal From Judgment for the Plaintiff on Demurrers by the Defendant to Seven Replications
Outcome
Appeal dismissed with costs.
Legal Topics
['money Lenders and Infants Loans Act, 1941 1948 N.s.w.' 'unenforceable Bill of Sale' 'extra Judicial Enforcement of Security' 'conversion' 'detinue' 'trespass to Goods' 'leave and Licence']
['money Lending' 'secured Transactions' 'torts'] ['money Lenders and Infants Loans Act, 1941 1948 N.s.w.' 'unenforceable Bill of Sale' 'extra Judicial Enforcement of Security' 'conversion' 'detinue' 'trespass to Goods' 'leave and Licence']

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Procedural Posture

Appeal From an Order of the Full Court of the Supreme Court of New South Wales / High Court Appeal From Judgment for the Plaintiff on Demurrers by the Defendant to Seven Replications

Legal Issues

  1. 1 ['Whether the word "enforceable" in s. 22(1) of the Money-lenders and Infants Loans Act, 1941-1948 N.S.W. is confined to enforcement in judicial proceedings.' "Whether an unenforceable bill of sale could nevertheless operate as a licence sufficient to justify seizure of the plaintiff's motor vehicles."]

Ratio Decidendi

Section 22(1) of the Money-lenders and Infants Loans Act, 1941-1948 N.S.W. is not confined to curial enforcement and extends to extra-judicial enforcement of securities. The defendant's seizure of the vehicles under the non-compliant bill of sale was an act to enforce the security and could not be justified by treating that bill of sale as an independent licence. The replications answered the pleaded leave and licence, so the Full Court's decision was correct.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']