BHP v Robertson [2002] NSWSC 336

BHP v Robertson [2002] NSWSC 336

On proper construction of the contract, including the General Terms and Conditions of Sale and retention of title clause, the contract does not have the capacity to permit BHP to retain legal and beneficial property in the goods after a later sale by the customer to a third party. Either property passes by agency, or the customer is already owner by the time of sub-sale.

Jurisdiction
Australia
Judgment Date
19 April 2002
Procedural Posture
Equity Proceedings / Separate Question Determination Prior to Final Determination
Outcome
Separate question answered "no"—contract does not enable retention of property after sub-sale by customer.
Legal Topics
['sale of Goods' 'retention of Title' 'agency' 'passing of Property' 'trusts']
['commercial Law'] ['sale of Goods' 'retention of Title' 'agency' 'passing of Property' 'trusts']

Case Brief

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Procedural Posture

Equity Proceedings / Separate Question Determination Prior to Final Determination

Legal Issues

  1. 1 ['Whether the Conditions of Sale permit BHP to retain legal and beneficial ownership of goods notwithstanding a later sale by the customer.' 'Whether the customer acts as agent of BHP in sub-sales of goods with retention of title clauses.' 'Effect and construction of retention of title provisions and agency language in standard sales contracts.']

Ratio Decidendi

On proper construction of the contract, including the General Terms and Conditions of Sale and retention of title clause, the contract does not have the capacity to permit BHP to retain legal and beneficial property in the goods after a later sale by the customer to a third party. Either property passes by agency, or the customer is already owner by the time of sub-sale.

Court Disposition

Separate question answered "no"—contract does not enable retention of property after sub-sale by customer.

Orders

  • ["Liberty granted to all parties to apply on two days' notice for directions as to progress or disposition of proceedings."]