LAW 1507 Lecture Notes - Lecture 1: Penfolds, Detinue, Chief Constable
23 May 2018
School
Department
Course
Professor
Interference with Chattels
• Trespass
• Conversion
• Detinue
May sue in
Trespass + conversion
Dentinue + conversion
but never
Trespass + Detinue
Trespass to Goods
Elements: Positive voluntary act which directly interferes with goods in the ACTUAL possession of
the plaintiff. Actionable without damage to the goods (Penfolds Wines v Elliott (1946) 74 CLR 204).
o Depries P’s iediate right to possessio/ that right is ipaired
o Actual ownership not required. Right to possession is enough
➢ Mere fact that one physically possesses a chattel but does not own it gives him
sufficient property rights to sue anyone but the true owner/ with a superior title
Conversion
Elements: Intentionally dealing with goods in a manner seriously inconsistent with the possession or
right to immediate possession of a chattel (Penfolds Wines v Elliott (1946) 74 CLR 204).
Key:
1. Ds conduct was inconsistent with rights of the owner (or person with right to possession)
2. Conduct was deliberate, not accidental
3. Conduct was so extreme in its nature that the owner was excluded of their rights
Detinue
Elements: defendant unreasonably retains the goods of the plaintiff folloig the plaitiff’s laful
demand their return
find more resources at oneclass.com
find more resources at oneclass.com
Trespass
Conversion
Detinue
Actionable per se
intention includes
recklessness
Facts
constituting
Stealing a car/ cattle;
moving goods without
consent; damaging
equipment; injecting drugs
into racehorse prior to a
race
a P can sue in trespass to
chattels if there is a direct
interference with the
chattels in their possession
at the time of the
interference
Simultaneous
with
T + C = Yes
T + D = No
C + T = Yes
C + D = Yes
D = T = No
D = C = Yes
possession
actual possession or
constructive possession is
required
Actual possession not
required
At least immediate
right to possession
Actual possession not
required
DE- tinue
DE – mand
DE- nial
damages
Damages entitles to value of
goods. Limited interest =
limited damages (Roberts v
Roberts [1957] Tas SR 84)
Damages calculated
from the time of the
conversion
Damages calculated at
the date of the
judgement
Returning the good or
damages for the value
of the good
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Elements: positive voluntary act which directly interferes with goods in the actual possession of the plaintiff. Actionable without damage to the goods (penfolds wines v elliott (1946) 74 clr 204): depri(cid:448)es p"s i(cid:373)(cid:373)ediate right to possessio(cid:374)/ that right is i(cid:373)paired, actual ownership not required. Mere fact that one physically possesses a chattel but does not own it gives him sufficient property rights to sue anyone but the true owner/ with a superior title. Elements: intentionally dealing with goods in a manner seriously inconsistent with the possession or right to immediate possession of a chattel (penfolds wines v elliott (1946) 74 clr 204). Key: ds conduct was inconsistent with rights of the owner (or person with right to possession, conduct was deliberate, not accidental, conduct was so extreme in its nature that the owner was excluded of their rights. Elements: defendant unreasonably retains the goods of the plaintiff follo(cid:449)i(cid:374)g the plai(cid:374)tiff"s la(cid:449)ful demand their return.
