NSL Pty Ltd v 2 Roslyn Street Pty Ltd [2013] NSWSC 930

NSL Pty Ltd v 2 Roslyn Street Pty Ltd [2013] NSWSC 930

The first plaintiff was not given a reasonable opportunity to remove its goods after re-entry by the first defendant, who subsequently disposed of those goods; this constituted conversion and wrongful detention, entitling the first plaintiff to damages.

Jurisdiction
Australia
Judgment Date
15 July 2013
Procedural Posture
Civil / Principal Judgment
Outcome
Judgment for the first plaintiff against the first defendant.
Legal Topics
['lease of Premises' "lessee's Goods" 'conversion' 'detinue' 'wrongful Detention' 'fixtures and Chattels']
['property Law' 'commercial Law'] ['lease of Premises' "lessee's Goods" 'conversion' 'detinue' 'wrongful Detention' 'fixtures and Chattels']

Case Brief

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Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 ['Whether the lessor failed to give the lessee reasonable opportunity to remove goods after re-entry' "Whether the lessor converted the lessee's goods"]

Ratio Decidendi

The first plaintiff was not given a reasonable opportunity to remove its goods after re-entry by the first defendant, who subsequently disposed of those goods; this constituted conversion and wrongful detention, entitling the first plaintiff to damages.

Court Disposition

Judgment for the first plaintiff against the first defendant.

Orders

  • ['Verdict and judgment for the first plaintiff against the first defendant for $110,600 together with interest at Court rates from 15 July 2004 until 15 July 2013, assessed in the sum of $90,000.' "Order the first defendant to pay the first plaintiff's costs."]