COXHEAD v DWYER [2015] NZHC 1600

COXHEAD v DWYER [2015] NZHC 1600

The horse was partnership property so the appellant had no exclusive right to possession; therefore the defendants did not commit conversion and the sale following a valid possessory lien defeated the appellant's claim.

Citation
[2015] NZHC 1600
Parties
Appellant: Barry Raymond Coxhead; First Respondent: Don Dwyer; Second Respondent: Mary F Hackshaw as trustee of the Northwind Trust; Third Respondent: Harjit Dheil
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 July 2015
Procedural Posture
Civil Appeal / Hearing in High Court (appeal From District Court Judgment)
Outcome
Appeal dismissed
Legal Topics
Conversion, Possessory Lien, Partnership Property, Authority of Racing Manager, Auction Sale, Costs
Property Law Tort Partnership Law Equity Racing Regulations Civil Procedure Conversion Possessory Lien +4 more

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Parties

Barry Raymond Coxhead

Appellant

Don Dwyer

First Respondent

Mary F Hackshaw as trustee of the Northwind Trust

Second Respondent

Harjit Dheil

Third Respondent

Procedural Posture

Civil Appeal / Hearing in High Court (appeal From District Court Judgment)

Legal Issues

  1. 1 Whether appellant had exclusive possession of the horse
  2. 2 Whether defendants committed conversion
  3. 3 Whether the syndication constituted a partnership

Ratio Decidendi

The horse was partnership property so the appellant had no exclusive right to possession; therefore the defendants did not commit conversion and the sale following a valid possessory lien defeated the appellant's claim.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs to respondents on a 2B basis together with reasonable disbursements to be fixed by the Registrar