Reference no: EM133211522
John sold a factory warehouse in Milperra (Premises) to Liberty Ink Pty Ltd. John had been storing a locked shipping container on the Premises and he had arranged with Liberty Ink that he would remove the container one week after settlement occurred. After that one week had expired, Liberty Ink had contacted John on a number of occasions to ask him to remove the shipping container.
Six weeks after settlement, John sent a truck to the Premises to collect the shipping container, but the container could not be found. A representative of Liberty Ink said that he had assumed John had taken the container, as, when he turned up to work two days ago, he noticed it was not there. Unbeknownst to Liberty Ink, the shipping container contained a Rolls Royce Phantom worth approximately $2 million dollars.
John has decided to sue Liberty Ink for the value of the Rolls Royce, and he is representing himself. As with most self-represented litigants, it is difficult to know precisely what John is arguing but he recently wrote a letter to Liberty Inc saying the following:
"Where a person, such as Liberty Ink, has possession of house or land, such as the Premises, with a manifest intention to exercise control over it and the things which may be upon or in it, then, if something is found on that land, whether by an employee of the owner or by a stranger, such as my Rolls, then the presumption is that the possession of that thing is in the owner of the locus in quo... ipso facto [John's way of saying therefore] Liberty Ink had possession of my Rolls as bailee, it has breached its duty of care (it did not even call me to tell me it had been stolen I discovered this for myself) so Liberty Ink owe me for the Rolls. The Rolls is worth $2m (see enclosed valuation) so unless Liberty Ink contact me and arrange for payment of this figure within 7 days, I'll see Liberty Ink in court."
Liberty Ink come to you for advice. Is John confused as to the applicable law? Is Liberty Ink liable to John as a bailee of the Rolls Royce Phantom?