Peri Pty Ltd & Ors v Calcutt, Christopher K & Anor [1996] FCA 1058

Peri Pty Ltd & Ors v Calcutt, Christopher K & Anor [1996] FCA 1058

Absent a contractual determination by an expert on the value of the work and the amount owing, and in the presence of a prima facie outstanding payment, the respondents are entitled to retain possession of the ship by virtue of a lien; the Court has no jurisdiction to order surrender of the vessel in exchange for a bank guarantee and relief is refused.

Parties
First Applicant: Peri Pty Ltd; Second Applicant: Robyn David Stewart; Third Applicant: Mary Gale Peterson; Fourth Applicant: Michael John Lusty; Fifth Applicant: Evalyne Mae Lusty; Respondent: Christopher K. Calcutt; Respondent: Robyn A Calcutt
Jurisdiction
Australia
Judgment Date
23 September 1996
Procedural Posture
Interlocutory Application / Notice of Motion for Order to Obtain Possession and Restrain Respondents
Outcome
Relief sought by Peri Pty Ltd refused; costs of the motion awarded against applicants.
Legal Topics
Lien Over Chattels, Progress Payments, Contract for Work and Labour, Interlocutory Injunctions
Contract Law Commercial Law Lien Over Chattels Progress Payments Contract for Work and Labour Interlocutory Injunctions

Case Brief

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Parties

Peri Pty Ltd

First Applicant

Robyn David Stewart

Second Applicant

Mary Gale Peterson

Third Applicant

Michael John Lusty

Fourth Applicant

Evalyne Mae Lusty

Fifth Applicant

Christopher K. Calcutt

Respondent

Robyn A Calcutt

Respondent

Procedural Posture

Interlocutory Application / Notice of Motion for Order to Obtain Possession and Restrain Respondents

Legal Issues

  1. 1 Whether the respondents are entitled to retain possession of the vessel through a lien pending payment of progress payments
  2. 2 Whether the Court has jurisdiction to order the surrender of a vessel subject to a lien
  3. 3 Whether an interlocutory order should be made to require the respondents to give up possession in exchange for a bank guarantee

Ratio Decidendi

Absent a contractual determination by an expert on the value of the work and the amount owing, and in the presence of a prima facie outstanding payment, the respondents are entitled to retain possession of the ship by virtue of a lien; the Court has no jurisdiction to order surrender of the vessel in exchange for a bank guarantee and relief is refused.

Court Disposition

Relief sought by Peri Pty Ltd refused; costs of the motion awarded against applicants.

Orders

  • The relief sought by Peri Pty Ltd in the notice of motion is refused.
  • Applicants to pay the costs of the motion.