Detinue: Protect Your Property

Overview of Rights in Personal Property

Detinue is a remedy under Australian common law that protects an individual’s right to exclusive possession and control of their personal property. When these rights are infringed, the law enables the rightful owner to take action against any person or entity unlawfully retaining or interfering with their goods. Detinue claims often arise when someone refuses to return goods after a rightful demand has been made.

This legal principle is particularly relevant in disputes involving tangible personal property such as vehicles, furniture, equipment, and other movable items, where detinue, conversion, or trespass to goods may be applicable.

Conversion

Conversion refers to the wrongful exercise of dominion or control over goods that is inconsistent with the rights of the true owner or lawful possessor who has a right to immediate possession of the goods. It effectively involves treating another person’s property as one’s own.

Conversion may occur when a person:

Delivers the goods to someone else without authority;
Uses the goods in an unauthorised or substantially different manner;
Alters or destroys the goods without consent.

The key consideration is whether the conduct seriously interferes with the owner’s right to possession with an intention that is inconsistent to the legal owner’s rights in the goods, thereby justifying a legal remedy which is usually in the form of damages. While conversion focuses on wrongful use or control, detinue specifically addresses the wrongful retention of goods after a demand for their return.

Detinue

Detinue arises when a person unlawfully retains possession of goods after a valid request for their return by the rightful owner. It differs from conversion in that detinue focuses on the refusal to return property, rather than the nature of the use or interference.

To succeed in a claim for detinue, the claimant must prove:

A proprietary interest in the goods (ownership or entitlement to immediate possession);
That a demand for the return of the goods was made by the legal owner;
The demand for the return was refused;
That the refusal to return the goods was unreasonable or unlawful;
The conduct has caused the legal owner to suffer loss or damage.

Trespass to Goods

Your right to own and control your possessions is fundamental. Trespass to goods occurs when someone intentionally and directly interferes with your personal property without lawful justification. This legal concept, a crucial aspect of property rights, protects your exclusive right to possess and control items ranging from smartphones and vehicles to artworks or commercial equipment. Recent cases, such as Lee v. Samsung Electronics [2023], have even expanded this concept to include digital interference with connected devices, reflecting the evolving nature of property law in the digital age.

What Constitutes Trespass to Goods?

You may have a claim for trespass to goods if someone:

Physically touches your property without your consent (e.g., taking tools from a worksite).
Moves or uses your goods without permission (e.g., “borrowing” a bicycle without asking).
Damages or alters your items (e.g., keying a car, hacking a drone).
Temporarily deprives you of possession (e.g., hiding leased equipment).

Key Legal Principle: Crucially, no proof of actual damage is required for a claim of trespass to goods, the mere act of unlawful interference is actionable. As established in Plenty v. Dillon [1991] HCA 5, it’s about protecting your right to undisturbed possession.

Critical Elements to Prove

To successfully pursue a claim for trespass to goods, you generally need to prove the following elements:

Exclusive Possession: You must have had control over the goods at the time of the interference. This includes leased or rented items (e.g., construction equipment). For shared property, you would need to demonstrate sole management rights over the specific item.
Intentional Act: The interference must have been a deliberate act, not accidental contact.
Direct Interference: The interference must be a direct physical or digital control override of your property.
Absence of Lawful Justification: There must be no court order, statutory authority, or genuine emergency that would legally justify the interference.

Your Legal Options

If your personal property has been unlawfully interfered with, you have several legal options to protect your property rights:

Demand Immediate Return of your goods.
Seek Compensation for:
- Diminished value of the goods.
- Loss of use (e.g., business downtime if equipment was interfered with).
- Data recovery costs for digital interference.
Request Injunctions from the court to prevent ongoing interference.
Pursue Aggravated Damages for malicious or particularly egregious acts of trespass.

Need Legal Advice?

Protecting your property rights is paramount. If you believe your personal property has been subjected to unlawful interference, or if you require assistance with claims related to conversion, detinue, or trespass to goods, our team at Citilawyers is here to provide clear, strategic legal advice.