20 Apr 2020
IRWIN v MULES [2020] NZHC 748
- Citation
- [2020] NZHC 748
- Court
- High Court
The High Court allowed the appeal in part: conversion is actionable per se so loss is not a required element; the deed between Mr Alexander and the appellant constituted a valid assignment of the causes of action (there was a genuine commercial interest and no unlawful trafficking in litigation); accordingly both respondents are liable in conversion (and the first respondent also in detinue for continued retention); unresolved questions about the validity of the second registered security interest and quantum of damages must be remitted to the District Court.