Dinmore Meatworks Pty Ltd v Kerr [1962] HCA 47

Dinmore Meatworks Pty Ltd v Kerr [1962] HCA 47

The appellant relied only on a particular lien, and neither a general lien by law for slaughterers nor an express contractual general lien was suggested. The cattle delivered from time to time by L. G. Batten Pty. Ltd. could not be treated as a single and specific thing or entity to whose separate parts a lien attached for the whole indebtedness. The appellant therefore had no lien over the remaining meat for the whole debt, but only the particular lien conceded in respect of work done on the beasts from which that meat was produced.

Jurisdiction
Australia
Procedural Posture
Appeal / Appeal From a Decision of Mansfield C.j. Given on a Motion for the Determination of Questions Arising in a Voluntary Liquidation.
Outcome
Appeal dismissed with costs.
Legal Topics
['possessory Lien' 'particular Lien' 'general Lien' 'voluntary Liquidation' 'work Done on Chattels']
['common Law Liens' 'insolvency'] ['possessory Lien' 'particular Lien' 'general Lien' 'voluntary Liquidation' 'work Done on Chattels']

Case Brief

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Procedural Posture

Appeal / Appeal From a Decision of Mansfield C.j. Given on a Motion for the Determination of Questions Arising in a Voluntary Liquidation.

Legal Issues

  1. 1 ['Whether the appellant could assert a lien over meat remaining in its possession for the whole debt owed for killing and treating cattle.' 'Whether cattle delivered from time to time were delivered as a single and specific thing or entity so that a lien could attach to parts for the whole indebtedness.' 'Whether the appellant had lost any lien over meat that had gone out of its possession.']

Ratio Decidendi

The appellant relied only on a particular lien, and neither a general lien by law for slaughterers nor an express contractual general lien was suggested. The cattle delivered from time to time by L. G. Batten Pty. Ltd. could not be treated as a single and specific thing or entity to whose separate parts a lien attached for the whole indebtedness. The appellant therefore had no lien over the remaining meat for the whole debt, but only the particular lien conceded in respect of work done on the beasts from which that meat was produced.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']