25 Mar 2009
CAMERON V PHELPS AND DOUCH HC CHCH CIV 2008-409-002648
- Citation
- openlaw-584bd6ef_4029_4b8d_807b_c2b6a2d5bc43.pdf
- Court
- High Court
Court held appellant had the superior right to possession upon failure of the venture and non-payment and defendants sold the machine without right; PPSA did not displace the common law claim in conversion; defendants were not innocent purchasers entitled to restitution for improvements; measure of loss is market value at time of sale and the best evidence of loss was the sale proceeds of $30,000, so judgment for appellant for $30,000 plus prescribed interest was appropriate.