Fertinova Aust Pty Ltd & Anor v Samardzija

The plaintiffs, Fertinova Australia Pty Ltd and Fertinova International (Far East) Limited, sued the defendants, Jack Miroslav Samardzija, Jackson Corporation Pty Ltd, and F.J. & W.J. Transport Pty Ltd, for conversion of goods. The plaintiffs sought damages for the conversion of fertiliser, which had been stored in a warehouse at Rocklea and subsequently transferred to another warehouse. The defendants, particularly Samardzija and Jackson Corporation, were found to have acted in a manner inconsistent with the plaintiffs' rights as owners of the fertiliser. The court held that the third defendant, Jackson Corporation, was liable for conversion by selling the warehousing rights to the second defendant without proper authorisation. The first defendant, Samardzija, was also held liable for conversion for demanding a sum of money for the return of the fertiliser and refusing to return it when the demand was rejected. The court awarded damages to the plaintiffs, including the value of the converted fertiliser and certain consequential losses. The third defendant was found not liable for damages, and the third party proceedings were dismissed. The court directed the parties to exchange and submit written and oral submissions regarding costs.