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 1999DIVISION: 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 madeORDER: 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…
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- Case
- [2001] QCA 145
- Decision Date
CaseChat Overview and Summary
The central legal issues were whether the items left behind by Curtin were indeed "moveable fixtures, fittings and furnishings" as defined in the lease, and if they became the property of Meadlow. Additionally, Curtin argued that Meadlow had converted his property by failing to properly care for the items left on the premises and by causing damage to them. Curtin made a counterclaim for conversion, and the dispute over damages included the appropriate valuation of the goods.
The court found that Curtin's items were not "moveable fixtures, fittings and furnishings" as they were not permanently attached to the premises and were not intended to be left behind. Consequently, these items did not become the property of Meadlow upon termination of the lease. Furthermore, the court held that Meadlow had not acted negligently in their care of Curtin's property and did not owe a duty of care to Curtin. The court also determined that the valuation of the goods should reflect the market value approach rather than the minimum value adopted by Meadlow's valuer. As a result, Curtin was awarded damages of $3,919.52.
The court allowed the appeal from the District Court, set aside the previous order, and substituted it with an order allowing Curtin's appeal and awarding him damages and costs. Meadlow was ordered to pay Curtin's costs of the appeal.
Orders
Orders of the court
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.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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