Forestry Commission (NSW) v Stefanetto
133 CLR 5078 ALR 297
Between: Forestry Commission (NSW)
And: Stefanetto
Judges:
Barwick CJ
Mason J
Jacobs J
Subject References:
Contract
Judgment date: 19 February 1976
Sydney
ORDER
Appeal allowed.
Order of the Supreme Court of New South Wales set aside and in lieu thereof declare that the appellant is not entitled to detain from the respondent and or put to its use constructional plant of which the respondent is not the owner and order that the appellant forthwith take all such steps, or cause to be done all such things, as are necessary to effect delivery to the respondent of all items of constructional plant and equipment, set forth in the schedule to the order of the Supreme Court, of which the respondent is not the owner.
Defendant to pay plaintiff's costs of the suit.