Perpetual Trustees Australia Ltd v Heperu Pty Ltd [2009] NSWCA 84

Perpetual Trustees Australia Ltd v Heperu Pty Ltd [2009] NSWCA 84

Title to the cheques passed to the appellant as payee when delivered by the agent with apparent authority, and taking bona fide, for value, and without notice, negates conversion; restitution is barred by change of position; no duty in negligence or misleading conduct as no reliance or assumption of responsibility.

Jurisdiction
Australia
Judgment Date
23 April 2009
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
['cheques' 'conversion' 'voidable Title' 'restitution' 'unjust Enrichment' 'negligence' 'misleading or Deceptive Conduct' 'apparent Authority' 'change of Position']
['banking and Finance' 'restitution' 'torts' 'misleading or Deceptive Conduct'] ['cheques' 'conversion' 'voidable Title' 'restitution' 'unjust Enrichment' 'negligence' 'misleading or Deceptive Conduct' 'apparent Authority' 'change of Position']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether appellant was liable for conversion of cheques' 'Whether appellant was liable in restitution' 'Whether appellant was liable in negligence' 'Whether appellant engaged in misleading or deceptive conduct']

Ratio Decidendi

Title to the cheques passed to the appellant as payee when delivered by the agent with apparent authority, and taking bona fide, for value, and without notice, negates conversion; restitution is barred by change of position; no duty in negligence or misleading conduct as no reliance or assumption of responsibility.

Court Disposition

Appeal allowed

Orders

  • ['Orders 5, 6 and 7 against the fifth defendant are set aside' 'Judgment for the fifth defendant against the plaintiffs' "Plaintiffs to pay the fifth defendant's costs" "Respondents to pay appellant's costs of appeal" "Respondents to have certificates under the Suitors' Fund Act 1951 (NSW), if qualified"]