Somers v James Allen (Ireland) Ltd

• Jurisdiction: Ireland
• Judge: McCarthy J.
• Judgment Date: 22 March 1985
• Neutral Citation: 1985 WJSC-SC 702
• Docket Number: (71-84),[1982 No. 1010SP]
• Year: 1985
• Court: Supreme Court
• Date: 22 March 1985

SOMERS v. JAMES ALLEN (IRELAND) LTD

Bernard Somers

Applicant/Appellant

And

James Allen (Ireland) Limited

Respondent

1985 WJSC-SC 702

(71-84)

The Supreme Court

Synopsis:

SALE OF GOODS

Property

Retention - Personal chattels - Power of seller to take possession - Retention clause appearing on seller's invoices - Whether a bill of sale - Price of goods unpaid at date of appointment of receiver - Seller not holder or grantee of bill of sale - Receiver without claim to goods - Decision of Carroll J. (1/7/83) affirmed - (71/84 - Supreme Court - 22/3/85).

Somers v. James Allen (Ir.) Ltd.

WORDS AND PHRASES

"Bill of sale"

Sale of goods - Property - Retention clause - Price of goods unpaid at date of appointment of receiver - Seller not holder or grantee of bill of sale - Receiver without claim to goods - Decision of Carroll J. (1/7/83) affirmed - (71/84 - Supreme Court - 22/3/85).

Somers v. James Allen (Ir.) Ltd.

Citations:

AGRICULTURAL CREDIT ACT 1947 S21–36

AGRICULTURAL CREDIT ACT 1947 S35

AGRICULTURAL CREDIT ACT 1978 S23

AGRICULTURAL CREDIT ACT 1978 S36

ALLSOP V DAY 7 H&N 457

ALUMINIUM INDUSTRIE VAASSEN BV V ROMALPA ALUMINIUM LTD 1976 2 AER 552, 1976 1 WLR 676

BILLS OF SALE (IRL) ACT 1879 S3

BILLS OF SALE (IRL) ACTS 1879–1883

RAMSEY V MARGRETT 1894 2 QB 18

1 Judgment delivered on the 22nd day of March 1985 by McCarthy J. [NEM DISS]

2 This appeal raises a question of the true construction of s. 36 of the Agricultural Credit Act, 1978, which came into force on the 28th February 1978 and subsequently was brought into operation by ministerial order. S. 36, identified in the marginal note as replacing s. 35 of the Agricultural Credit Act, 1947, reads:-

3 2 "(1) A bill of sale of stock (whether including or not including any other chattels) made after the commencement of this Act shall, notwithstanding anything contained in the Bills of Sale (Ireland) Acts, 1879 and 1883, be void and be incapable of being registered under those Acts.

4 (2) For the purpose of subsection (1) and of any enactment repealed by this Act, a floating charge on stock created by a body corporate shall not be, and shall be deemed never to have been, a bill of sale."

5 The facts are not in dispute. Charles Dougherty and Company Limited (the company) carried on the business or manufacture and sale of animal feeding compounds; the respondent was one of the suppliers to the company of the various components used by the company in the preparation and manufacture of such compounds. These feeding components were supplied on credit – a period of between six weeks and two months credit being generally allowed. Any delivery of goods by the respondent was subject to Conditions of Sale of which the relevant condition is number 9:-

"The transfer of title to you of the goods as detailed in this contract shall not...