Wiltshire v Powell & Ors

Wiltshire v Powell & Ors

A purchaser of goods is not bound by a judgment against his vendor unless the purchase occurred after the judgment. Since the respondents acquired the aircraft before the judgment in favour of Mr Wiltshire, they are not privies in estate and are not estopped from asserting their title. The appeal is dismissed.

Parties
Appellant: Timothy Wiltshire; 1st Respondent: Michael Powell; 2nd Respondent: Paul Etherington; 3rd Respondent: Derek Heapy; 4th Respondent: Peter Storey
Jurisdiction
England and Wales
Judgment Date
07 May 2004
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Res Judicata, Estoppel, Privity, Title to Goods
Civil Procedure Property Law Res Judicata Estoppel Privity Title to Goods

Case Brief

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Parties

Timothy Wiltshire

Appellant

Michael Powell

1st Respondent

Paul Etherington

2nd Respondent

Derek Heapy

3rd Respondent

Peter Storey

4th Respondent

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether a judgment in personam binds third parties who derive title from a party to the original proceedings
  2. 2 Whether estoppel per rem judicatam applies to purchasers of goods who acquired title before judgment

Ratio Decidendi

A purchaser of goods is not bound by a judgment against his vendor unless the purchase occurred after the judgment. Since the respondents acquired the aircraft before the judgment in favour of Mr Wiltshire, they are not privies in estate and are not estopped from asserting their title. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs to be assessed if not agreed
  • Leave to appeal refused