Reef Health Pty Limited & Ors v Ian Vines & Ors [2014] NSWSC 70

Reef Health Pty Limited & Ors v Ian Vines & Ors [2014] NSWSC 70

The landlord's agent became a voluntary bailee of the goods remaining in the apartment after tenant's eviction. While most high-value claims by the plaintiffs were rejected due to insufficient evidence and lack of credibility, the Court found that the defendant, Mr Vines, failed to account for a limited number of lower-value items, for which the onus shifted and which were not returned or reasonably justified as disposed of. Mr Vines did not comply with all the requirements of the regulation to be immune from liability, thus conversion was established for those items. Damages are to be determined by expert valuation of those specific items only.

Parties
First Plaintiff: Reef Health Pty Limited; Second Plaintiff: Ms Roxanne Naylor; Third Plaintiff: Mr Andrew Tatar; Fourth Plaintiff: Mr Sayed (Sid) El-Hawache; First Defendant: Mr Ian Vines; Third Defendant: Consumer, Trader and Tenancy Tribunal; Fourth Defendant: The Sheriff of NSW
Jurisdiction
Australia
Judgment Date
14 February 2014
Procedural Posture
Principal Judgment (civil) / Post Hearing, Before Damages Quantum Assessment
Outcome
Plaintiffs partly succeeded; limited number of items found to be converted; majority of claims dismissed.
Legal Topics
Conversion, Bailment, Assessment of Damages, Landlord Rights After Tenancy, Statutory Regulation on Uncollected Goods, Exemplary Damages
Torts Property Law Landlord and Tenant Conversion Bailment Assessment of Damages Landlord Rights After Tenancy Statutory Regulation on Uncollected Goods +1 more

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Parties

Reef Health Pty Limited

First Plaintiff

Ms Roxanne Naylor

Second Plaintiff

Mr Andrew Tatar

Third Plaintiff

Mr Sayed (Sid) El-Hawache

Fourth Plaintiff

Mr Ian Vines

First Defendant

Consumer, Trader and Tenancy Tribunal

Third Defendant

The Sheriff of NSW

Fourth Defendant

Procedural Posture

Principal Judgment (civil) / Post Hearing, Before Damages Quantum Assessment

Legal Issues

  1. 1 Whether items of property were left in the apartment at the time of eviction
  2. 2 Whether the plaintiffs owned the goods alleged
  3. 3 Whether the landlord's agent converted goods left behind

Ratio Decidendi

The landlord's agent became a voluntary bailee of the goods remaining in the apartment after tenant's eviction. While most high-value claims by the plaintiffs were rejected due to insufficient evidence and lack of credibility, the Court found that the defendant, Mr Vines, failed to account for a limited number of lower-value items, for which the onus shifted and which were not returned or reasonably justified as disposed of. Mr Vines did not comply with all the requirements of the regulation to be immune from liability, thus conversion was established for those items. Damages are to be determined by expert valuation of those specific items only.

Court Disposition

Plaintiffs partly succeeded; limited number of items found to be converted; majority of claims dismissed.

Orders

  • Parties to bring in short minutes of order to give effect to judgment.
  • Expert valuation inquiry to assess value of converted goods.