Decided 30 September 1987 End date September 30, 1987 | ||
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Full case name Archibald Arthur Cuff, Patrick John Ahern, Dehroy Baron Packer v Broadlands Finance Limited Citation(s) CA127/85 [1987] NZCA 93; [1987] 2 NZLR 343 Transcript(s) Court of Appeal judgment Ruling court | ||
Cuff v Broadlands Finance Ltd (CA127/85 [1987] NZCA 93; [1987] 2 NZLR 343) is a cited case in New Zealand regarding tort claims in conversion, for interence with one's goods.
Contents
Background
Broadlands Finance repossessed the fishing vessel "Concord" jointly owned by Cuff and Ahern. On board the vessel at the time, was items owned personally by Cuff, as well as goods jointly owned by Cuff and Ahern. Items owned by Patrick were also on board.
Broadlands refused to return these goods, and the parties sued them in tort for conversion of these goods.
In the District Court, the judge awarded damages to Cuff of $12,000, and damages of $1,289 to Ahern.
On appeal to the High Court, Broadlands was successful in having these awards set aside.
Cuff appealed.
Held
The Court of Appeal restored the award to Cuff.
Footnote: When the award for damages was first set aside, Cuff was subsequently declared bankrupt, and special leave by the Official Assignee was required for him to file this appeal.