Hanley v. ICC Finance Ltd. [1995] IEHC 5; [1996] 1 ILRM 463 (24th February, 1995)

Hanley v. ICC Finance Ltd. [1995] IEHC 5; [1996] 1 ILRM 463 (24th February, 1995)

Plaintiff, as an innocent purchaser in good faith from a mercantile agent in possession, acquired good title to the vehicle under Section 25(1) of the Sale of Goods Act, 1893 and Section 2(1) of the Factors Act. Defendant's repossession constituted conversion. Damages were subsumed in a settlement of a related defamation action, and Plaintiff was in possession of the vehicle.

Citation
[1995] IEHC 5
Parties
Plaintiff: Michael Hanley; Defendant: ICC Finance Limited
Jurisdiction
Ireland
Procedural Posture
Appeal / High Court Judgment
Outcome
Appeal dismissed by consent; Plaintiff awarded costs in both Courts with certificate for Senior Counsel.
Legal Topics
Conversion, Sale of Goods, Factors Act, Title to Goods, Damages
Property Law Tort Law Conversion Sale of Goods Factors Act Title to Goods Damages

Case Brief

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Parties

Michael Hanley

Plaintiff

ICC Finance Limited

Defendant

Procedural Posture

Appeal / High Court Judgment

Legal Issues

  1. 1 Whether the Plaintiff acquired good title to the motor vehicle despite Defendant's claim of ownership
  2. 2 Whether Defendant's repossession constituted conversion
  3. 3 Assessment of damages for conversion

Ratio Decidendi

Plaintiff, as an innocent purchaser in good faith from a mercantile agent in possession, acquired good title to the vehicle under Section 25(1) of the Sale of Goods Act, 1893 and Section 2(1) of the Factors Act. Defendant's repossession constituted conversion. Damages were subsumed in a settlement of a related defamation action, and Plaintiff was in possession of the vehicle.

Court Disposition

Appeal dismissed by consent; Plaintiff awarded costs in both Courts with certificate for Senior Counsel.

Orders

  • Plaintiff awarded costs in both Courts.
  • Certificate for Senior Counsel for the appeal.