Critchley & Ors v Conway & Anor [2009] NSWCA 297

Critchley & Ors v Conway & Anor [2009] NSWCA 297

The Court found that, through acquiescence, the case was contested as against all appellants, allowing summary judgment to extend to all. However, in respect of the 33 wine storage tanks, there was sufficient evidence raising a triable issue, and thus summary judgment on that issue was inappropriate. Summary judgment regarding the 71 barrels of wine and remaining items was upheld.

Parties
First Appellant: Stephen Critchley; Second Appellant: Mudgee Wines Pty Ltd; Third Appellant: Eurunderee Wines Pty Ltd; Fourth Appellant: William James Whalley; Fifth Appellant: Jane Margaret McLean; First Respondent: David Conway; Second Respondent: Mark Norman Thompson
Jurisdiction
Australia
Judgment Date
29 September 2009
Procedural Posture
Appeal / Decision on Application for Leave to Appeal and Appeal
Outcome
Leave to appeal granted. Appeal upheld in part.
Legal Topics
Summary Judgment, Judgments and Orders, Possession of Goods, Detinue
Procedure Civil Procedure Summary Judgment Judgments and Orders Possession of Goods Detinue

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Stephen Critchley

First Appellant

Mudgee Wines Pty Ltd

Second Appellant

Eurunderee Wines Pty Ltd

Third Appellant

William James Whalley

Fourth Appellant

Jane Margaret McLean

Fifth Appellant

David Conway

First Respondent

Mark Norman Thompson

Second Respondent

Procedural Posture

Appeal / Decision on Application for Leave to Appeal and Appeal

Legal Issues

  1. 1 Whether the trial judge was entitled to order summary judgment against defendants not identified in the amended statement of claim
  2. 2 Whether summary judgment should have been ordered in relation to the goods claimed, including wine storage tanks
  3. 3 Whether there was sufficient evidence to create a triable issue regarding the 33 wine storage tanks

Ratio Decidendi

The Court found that, through acquiescence, the case was contested as against all appellants, allowing summary judgment to extend to all. However, in respect of the 33 wine storage tanks, there was sufficient evidence raising a triable issue, and thus summary judgment on that issue was inappropriate. Summary judgment regarding the 71 barrels of wine and remaining items was upheld.

Court Disposition

Leave to appeal granted. Appeal upheld in part.

Orders

  • Leave to appeal granted as sought by the appellants.
  • Appeal upheld by setting aside the orders made by Debelle AJ to the extent they bear on the 33 wine storage tanks.