Grant v YYH Holdings Pty Ltd [2012] NSWCA 360
The claims to the progeny, semen, and embryos of the original sheep are not statute barred under Limitation Act s 21, as they are separate goods and a distinct cause of action accrued when demand for their return was made. Extinction of title to the original sheep did not extinguish title to progeny that came into existence prior to that extinction, and demands for the progeny/semen/embryos were within time.
- Jurisdiction
- Australia
- Judgment Date
- 09 November 2012
- Procedural Posture
- Appeal / Court of Appeal Decision
- Outcome
- Appeal dismissed with costs
- Legal Topics
- ['conversion' 'detinue' 'statute of Limitations' 'ownership of Progeny' 'title Extinguishment']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Court of Appeal Decision
Legal Issues
- 1 ["Whether the claim to the progeny and 'genetics' of the original sheep is statute barred" "Whether the original sheep and their progeny/semen are the 'same goods' under Limitation Act s 21" 'Whether title to progeny is extinguished when title to original sheep is extinguished']
Ratio Decidendi
The claims to the progeny, semen, and embryos of the original sheep are not statute barred under Limitation Act s 21, as they are separate goods and a distinct cause of action accrued when demand for their return was made. Extinction of title to the original sheep did not extinguish title to progeny that came into existence prior to that extinction, and demands for the progeny/semen/embryos were within time.
Court Disposition
Appeal dismissed with costs
Orders
- ['Appeal dismissed' "Appellants to pay respondents' costs of the appeal"]
Full Case Text
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