J & P COMPANY LIMITED V NZ LAMB SKIN CO LIMITED HC AK CIV 2006-404-1361

J & P COMPANY LIMITED V NZ LAMB SKIN CO LIMITED HC AK CIV 2006-404-1361

The written agreement of 30 October 2003 made the purchaser 'responsible' for loss or damage from 1 November 2003, thereby shifting risk to the purchaser under s22(1) and establishing a voluntary bailment; the repossession clause merely preserved the vendor's option to uplift specified items and did not convert the purchaser into an involuntary bailee.

Citation
openlaw-e8e22061_2e64_4aeb_aefa_0de03e469ae5.pdf
Parties
Appellant (purchaser): J & P Company Limited; Respondent (vendor): NZ Lamb Skin Co Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
26 May 2006
Procedural Posture
Civil Appeal (high Court) / Judgment on Appeal (26 May 2006)
Outcome
Appeal dismissed.
Legal Topics
Sale or Return, Risk Transfer, Transfer of Property, Contract Interpretation, Voluntary Vs Involuntary Bailment, Repossession Clause
Sale of Goods Contract Bailment Commercial Law Sale or Return Risk Transfer Transfer of Property Contract Interpretation +2 more

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Parties

J & P Company Limited

Appellant (purchaser)

NZ Lamb Skin Co Limited

Respondent (vendor)

Procedural Posture

Civil Appeal (high Court) / Judgment on Appeal (26 May 2006)

Legal Issues

  1. 1 Whether purchaser was a voluntary or involuntary bailee
  2. 2 Whether risk of loss passed to the purchaser from 1 November 2003
  3. 3 Proper interpretation of the Korean written agreement of 30 October 2003

Ratio Decidendi

The written agreement of 30 October 2003 made the purchaser 'responsible' for loss or damage from 1 November 2003, thereby shifting risk to the purchaser under s22(1) and establishing a voluntary bailment; the repossession clause merely preserved the vendor's option to uplift specified items and did not convert the purchaser into an involuntary bailee.

Court Disposition

Appeal dismissed.

Orders

  • Appeal dismissed
  • Costs awarded to respondent on a 2B basis with disbursements; both costs and disbursements to be fixed by the Registrar