High Court of Australia – Sale of Goods – Passing of property – Specific goods in deliverable condition – Purchaser in possession of goods as bailee – Contract of sale requiring ‘net cash before delivery’ – Seller’s right of action for price though property has not passed – Sale of Goods Act 1895-1943 (No. 630 of 1895 – No. 36 of 1943) (S.A.), ss. 17,* 18,* 28, 49.
The Court rejected a submission that until property had passed to a buyer the seller could not sue for the purchase money and only had a remedy for damages for breach of contract. The Court noted that the parties to a sale of goods contract can make any contract they please with respect to the payment of the purchase price of the goods. If the parties provide that the price is to be paid before property passes the seller can sue for the price as soon as it becomes payable because the payment of the price is a condition precedent of the passing of property in the goods to the purchaser.
(1951) 82 CLR 621,  HCA 15
Cited – PST Energy 7 Shipping Llc and Another v OW Bunker Malta Ltd and Another SC 11-May-2016
Parties had entered into a bunker supply contract which contained a retention of title clause in favour of the supplier. It purported to allow the buyer to use the goods before title came to be passed.
Held: The owner’s appeal failed. It did . .
Lists of cited by and citing cases may be incomplete.
Updated: 18 May 2022; Ref: scu.618136