Curtin v Meadlow Holdings Pty Ltd [2001] QCA 145

Curtin v Meadlow Holdings Pty Ltd [2001] QCA 145 (20 April 2001)

SUPREME COURT OF QUEENSLAND

CITATION:

Curtin v Meadlow Holdings P/L [2001] QCA 145

PARTIES:

RUSSELL BERNARD CURTIN

(appellant/appellant)

v

MEADLOW HOLDINGS PTY LTD ACN 009 746 696

(respondent/respondent)

FILE NO/S:

Appeal No 4907 of 2000

DC No 2822 of 1999

DIVISION:

Court of Appeal

PROCEEDING:

General Civil Appeal

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

20 April 2001

DELIVERED AT:

Brisbane

HEARING DATE:

27 March 2001

JUDGES:

Thomas JA, Byrne and Dutney JJ

Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDER:

1.

Appeal from decision of the District Court at Brisbane dated 9 May 2000 allowed with costs including costs of the application for leave to appeal;

2.

Set aside order of the District Court dated 9 May 2000 and in its place substitute an order that the appeal be allowed with costs; order that the decision of the Magistrates Court held at Petrie in Plaint No 970826 be set aside and replaced with a judgment against the defendant for $3919-52; further order that the respondent Meadlow Holdings Pty Ltd pay the appellant his costs of and incidental to that appeal;

3.

Liberty to apply.

CATCHWORDS:

LANDLORD AND TENANT - RIGHTS AND LIABILITIES - FORM AND CONTENTS OF LEASE - TERMINATION OF TENANCY - lease of premises terminated for failure to pay rent - where clause in lease gave lessee 7 days after determination of lease to remove any 'moveable fixtures fittings and furnishings' - where lessor changed locks - where various items of property left on premises by lessee after expiration of 7 day period - where lessor retook possession and dealt with goods

TROVER AND DETINUE - ACTION FOR CONVERSION - where lessee made counterclaim alleging conversion of items of property left on premises by lessor

TROVER AND DETINUE - ACTION FOR CONVERSION DAMAGES - VALUE AT TIME OF CONVERSION -where respondent valuer adopted minimum value of goods - where this did not reflect market value approach

REAL PROPERTY - FIXTURES - WHAT ARE FIXTURES - DEALING WITH AND AFFECTING FIXTURES - BETWEEN LANDLORD AND TENANT - whether various items of property left on premises 'fixtures fittings and furnishings' - construction of clause - interpretation of terms - whether items fixtures - whether they became property of lessor

BAILMENTS - DUTIES AND LIABILITIES OF BAILEEE - NEGLIGENCE - GRATUITOUS BAILMENT - where lessor in control of premises and contents - where damage caused to goods

Uniform Civil Procedure Rules 1999 (Qld), Rule 184

City West Centre Pty Ltd v Galaxy Media Pty Ltd (1998) 9 BPR 16, 313, considered

Dean v J Thomas & Son [1981] Qd R 62, considered

GM & MY Campbell & Co Pty Ltd v Cotton [1992] ANZ Conv R 610, considered

Jigrose v Drummond [1994] ANZ Conv R 212, considered

Kosciusko Thredbo Pty Ltd v FCT (1987) 87 ATC 5118, considered

McMahon's Transport Pty Ltd v Ebbage [1991] 1 Qd R 185, distinguished

Ocean Line v Macquarie Bank CA No 6935 of 1996, 26 September 1996, considered

COUNSEL:

The appellant appeared on his own behalf

D L K Atkinson for the respondent

SOLICITORS:

The appellant appeared on his own behalf

Hunt & Hunt for the respondent