RENDELL v ASSOCIATED FINANCE PTY LTD

[1957] VR 604·LOWE (1), O'BRYAN (1), and BARRY (1), JJ
[1957] VR 604
RENDELL v ASSOCIATED FINANCE PTY LTD SUPREME COURT OF VICTORIA FULL COURT LOWE (1), O'BRYAN (1), and BARRY (1), JJ 21, 25-6 June, 29 July 1957
[1957] VR 604
Accession of titleConversionAccessories attached to motor vehicleWhether property passes to owner of vehicle. In cases where accessories in the nature of spare parts are attached to motor vehicles, prima facie the property in the accessory does not pass to the owner of the vehicle if the owner of the accessory did not intend it to pass. It is for the owner of the vehicle by proper evidence to show that the necessity of the case requires the application of principles whereby the property is deemed to pass by operation of law. The accessories continue to belong to their original owner unless it is shown that as a matter of practicability they cannot be identified, or if identified they have been incorporated to such an extent that they cannot be detached from the vehicle.Lewis v Andrews and Rowley Pty Ltd (1956) 73 WN (NSW) 670, discussed.

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[1957] VR 604

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