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Commercial Law

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Question:

What is the leading case for a right to immediate possession?

Author: Kuba Pastula



Answer:

The Anderson Group Pty Ltd v. Tynan Motors Ltd - the appellant took a car under purchase hire and wanted to sell it on. The agreement contained a provision that the hirer was not to part with possession without prior written consent. The appellant claimed that it telephoned Esanda, obtained a payout figure, informed Esanda that they intended to sell the vehicle and then took it to the yard of the bailee, Tynan Motors Pty Limited (“the respondent”) for sale on consignment. The appellant also failed to insure the vehicle which was a breach of the agreement. thieves then took the keys to the car and the vehicle was never seen again. Esanda then gave a notice of repossession demanding that the appellant hand over possession of the vehicle. it establishes the immediate right to possession the bailor has.


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