Bennett v Goodwin [2005] NSWSC 930

Bennett v Goodwin [2005] NSWSC 930

Damages for conversion should be assessed at the market value of the goods at the time of conversion, undiminished by commission or GST paid; special damages cannot be awarded absent evidence of special use or value.

Jurisdiction
Australia
Judgment Date
08 September 2005
Procedural Posture
Tort Conversion / Assessment of Damages
Outcome
Damages assessed for conversion; no deduction allowed for commission or GST.
Legal Topics
['conversion' 'measure of Damages']
['equity' 'torts'] ['conversion' 'measure of Damages']

Case Brief

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Procedural Posture

Tort Conversion / Assessment of Damages

Legal Issues

  1. 1 ['Whether commission paid to selling agent should be deducted from sale price when assessing damages for conversion' 'Whether GST payable on sale should be deducted in assessing damages' 'Time as at which damages for conversion should be assessed']

Ratio Decidendi

Damages for conversion should be assessed at the market value of the goods at the time of conversion, undiminished by commission or GST paid; special damages cannot be awarded absent evidence of special use or value.

Court Disposition

Damages assessed for conversion; no deduction allowed for commission or GST.

Orders

  • ['Damages for converted goods assessed at $58,200']