||All England Reporter
|| All ER (D) 429 (Oct)
|| EWHC 2148 (QB)
||Queen's Bench Division
||Norman Palmer (instructed by Ralph Davis) for the claimant.
||John McCaughran and Zoe O'Sullivan (instructed by Stephenson Harwood) for the defendant.
||29 October 2002
Bailment - Conversion - Good faith - Notice - Auctioneer - Auctioneer not selling goods - Auctioneers returning goods to consignor - Liability - Burden of proof.
Where an auctioneer received in good faith and without notice goods for auction from a non-owner, there had to be a sale in which he was sufficiently involved followed by delivery to the purchaser for him to be liable in the tort of conversion. Where the goods were merely delivered back to the same person there would be no conversion. Further, the burden of proof lay on a bailee to show that he had dealt with goods consigned to him in good faith and without notice.
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