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)

The plaintiff, as an innocent purchaser in good faith from a mercantile agent in possession of the vehicle and tax book, acquired good title under Section 25(1) of the Sale of Goods Act, 1893 and the Factors Act. The defendant's repossession constituted conversion. The Circuit Court's decision in favour of the plaintiff was correct.

Citation
[1996] 1 ILRM 463
Parties
Plaintiff: Michael Hanley; Defendant: ICC Finance Limited
Jurisdiction
Ireland
Procedural Posture
Civil Appeal / High Court Appeal From Circuit Court
Outcome
Appeal dismissed by consent; plaintiff awarded costs in both courts with certificate for Senior Counsel for the appeal.
Legal Topics
Conversion, Sale of Goods, Title to Goods, Mercantile Agency, Innocent Purchaser, Damages
Commercial Law Tort Law Conversion Sale of Goods Title to Goods Mercantile Agency Innocent Purchaser Damages

Case Brief

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Parties

Michael Hanley

Plaintiff

ICC Finance Limited

Defendant

Procedural Posture

Civil Appeal / High Court Appeal From Circuit Court

Legal Issues

  1. 1 Whether the plaintiff acquired good title to the vehicle despite the defendant's claim of ownership under a lease agreement
  2. 2 Whether the defendant's repossession of the vehicle constituted conversion
  3. 3 Appropriate measure of damages for conversion

Ratio Decidendi

The plaintiff, as an innocent purchaser in good faith from a mercantile agent in possession of the vehicle and tax book, acquired good title under Section 25(1) of the Sale of Goods Act, 1893 and the Factors Act. The defendant's repossession constituted conversion. The Circuit Court's decision in favour of the plaintiff was correct.

Court Disposition

Appeal dismissed by consent; plaintiff awarded costs in both courts with certificate for Senior Counsel for the appeal.

Orders

  • Appeal dismissed
  • Plaintiff awarded costs in both courts