Akron Tyre Co Pty Ltd v Kittson [1951] HCA 6

Akron Tyre Co Pty Ltd v Kittson [1951] HCA 6

Clause 12 of the hire-purchase agreement operates to pass the property in tyres substituted by the hirer to the owner of the vehicle upon attachment, and such provision is not rendered invalid by the Instruments Act 1928 (Vict.) for lack of registration, as it is not a bill of sale within the Act's meaning.

Parties
Appellant: Akron Tyre Company Pty. Ltd.; Respondents: Kittson and others (including The Economic Cash Buying Co. Pty. Ltd.)
Jurisdiction
Australia
Judgment Date
16 March 1951
Procedural Posture
Appeal / Decision on Appeal From Supreme Court of Victoria
Outcome
appeal dismissed
Legal Topics
Assignment of After Acquired Chattels, Hire Purchase Agreements, Bills of Sale, Passing of Property in Chattels, Conversion, Accessories to Motor Vehicles
Personal Property Commercial Law Assignment of After Acquired Chattels Hire Purchase Agreements Bills of Sale Passing of Property in Chattels Conversion Accessories to Motor Vehicles

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Parties

Akron Tyre Company Pty. Ltd.

Appellant

Kittson and others (including The Economic Cash Buying Co. Pty. Ltd.)

Respondents

Procedural Posture

Appeal / Decision on Appeal From Supreme Court of Victoria

Legal Issues

  1. 1 Whether clause 12 of the hire-purchase agreement operates to pass the property in substituted tyres to the owner of the vehicle
  2. 2 Whether an agreement for the assignment of after-acquired chattels constitutes a bill of sale within the meaning of the Instruments Acts 1928-1936 (Vict.)
  3. 3 Whether registration as a bill of sale is required for validity in respect of after-acquired chattels

Ratio Decidendi

Clause 12 of the hire-purchase agreement operates to pass the property in tyres substituted by the hirer to the owner of the vehicle upon attachment, and such provision is not rendered invalid by the Instruments Act 1928 (Vict.) for lack of registration, as it is not a bill of sale within the Act's meaning.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.