Grigg v Lewis

In *Grigg v Lewis*, the New South Wales Court of Appeal considered an appeal concerning a dispute over the ownership of a motor vehicle. The appellant, Mr. Grigg, sought to recover possession of a Holden Commodore from the respondent, Mr. Lewis, who claimed to be the lawful owner.

The central legal issue before the Court of Appeal was whether Mr. Lewis had acquired good title to the motor vehicle, notwithstanding that Mr. Grigg had not formally transferred ownership to the vendor from whom Mr. Lewis subsequently purchased the vehicle. This involved an examination of the principles of sale of goods, particularly concerning the passing of property and the concept of a "mercantile agent" under relevant legislation.

The Court of Appeal, applying the principles of the *Sale of Goods Act 1923* (NSW), found that the vendor, who had possession of the vehicle with Mr. Grigg's consent, was in a position to pass good title to a buyer acting in good faith and without notice of any defect in the vendor's title. The Court reasoned that the vendor, in the circumstances, could be considered to have acted as a mercantile agent, and that the transaction fell within the exceptions to the general rule that a person cannot pass better title than they themselves possess.

Consequently, the Court of Appeal dismissed Mr. Grigg's appeal, upholding the trial judge's finding that Mr. Lewis was the rightful owner of the motor vehicle.