Trespass To Goods Notes

TRESPASS TO GOODS INTENTIONAL TORTS | 55 INTENTIONAL INTERFERENCE WITH GOODS What is a chattel/good? * A chattel (or good) may be defined as any tangible property that is not land or attached to the land o Terms can be used interchangeably * Including: o Cars, bikes, televisions o Money (but only in limited circumstances) SS? Identify that particular money - exact notes and coins o Cheques SS? The paper itself is the property o Animals Slaveski v Victoria [2010] VSC 441 * Slaveski sued 23 present or former police officers ("police defendants") and the State of Victoria ("State") seeking damages for assault and battery, false imprisonment, malicious prosecution, defamation, trespass to land, trespass to goods, conversion, detinue and negligence * Once officers decided not to charge applicant in relation to seized goods, the continued possession of goods became unlawful * HELD: Slaveski entitled to nominal damages of $1100 for trespass to goods arising from officers moving goods in shop and transcribing details of goods Chep Australia v Bunnings Group [2010] NSWSC 301 * Retail hardware chain Bunnings ordered to pay $10.98 million plus interest to CHEP, a business that supplied storage pallets for hire, after it was found that Bunnings stores had failed to return tens of thousands of their pallets * HELD: The New South Wales Supreme Court determined that Bunnings was liable in tort for conversion and detinue as the majority of the pallets were not subject to any hire agreement 56 | INTENTIONAL TORTS DOES THE PLAINTIFF HAVE STANDING? * Particular right or interest in the goods * Distinguish between o Ownership SS? Legal right of the good SS? Owner might not be in possession of it u? Torts protecting interest in goods generally protect possession rather than ownership o Possession SS? Actual u? actual or de facto possession means there must be effective occupation or control of the goods * Hold the good u? Car in a driveway u? Papers in your bag SS? Constructive possession u? Not within immediate reach of the person but within close proximity * Where a person has legal possession without actual possession u? Any person with a key to a car u? Keeping papers in a bank o Who has possession at that specific time o Possession is established when: SS? A person intends to hold the goods for their own purposes SS? Has sufficient control of the goods * Right to immediate possession o Legal right to demand that the person with the actual custody of the goods return it immediately SS? Eg: lawnmower is lent to another person * Bailment o Transfer of possession without ownership o Loan of goods for a: SS? Finite period SS? And with specific conditions o Transferor = bailor o Receiver = bailee SS? Bailees have possession but not ownership SS? They become the custodian of the goods u? May have standing more so than the owner SS? If there is no consideration, it is likely that the bailor has an immediate right to goods SS? Common law imposes duties on bailees: u? Duty to return goods at the end of the bailment u? Duty to take reasonable care of goods u? Duty not to convert the goods INTENTIONAL TORTS | 57

Buy the full version of these notes or essay plans and more in our Intentional Torts Notes.