Paris v Goodwin - [1954] NZLR 823

Agency — Mercantile Agent — Motor-car Owner authorizing Agent Who, in Customary Course of His Business, had Authority to sell His Principals' Cars, to negotiate for Sale of His Car — Car-owner voluntarily handing over Car to Agent, and consenting to His Retaining it in His Possession and giving Him Car-registration Certificate — Sale of Car by Agent to Third-party without Owner's Knowledge and Appropriation of Proceeds — Purchaser acting in Good Faith and Purchasing for Good and Full Consideration — Agent a "Mercantile agent" — Sale by Him giving Good Title to Purchaser — Owner's Signature on Change of Ownership Form forged by Agent — Effect of Requirement of Certificate of Registration and Change of Ownership Form considered — Mercantile Law Act, 1908, ss 2, 3 (1) — Sale of Goods Act, 1908, s 23 (1) — Transport Act, 1949, ss 18, 26.

Practice — Costs — Three Other Parties joined — Unsuccessful Plaintiff ordered to pay Defendant's Costs on Basis of Defendant's defending Action alone — Recognition of Factors arising from Course of Defence — Defendant to hold Such Costs Fund on Trust in Proportions payable to Himself and to Joined Parties — Plaintiff to pay Defendant's Disbursements, exclusive of Disbursements occasioned by Joinder of Other Parties — Such Parties to bear their Respective Disbursements — Plaintiff to pay Witnesses' Expenses of Each Party — Form of Order.