VIC Am I Committing Theft by Conversion?

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Conversion1

Member
11 April 2018
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0
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G'day all,

I find myself in a predicament.

4 years ago, I purchased a vintage tractor to restore. I asked a family friend if i could store it at his 40 acre farm, which was not a problem. Family friend verbally approached me and my father who by this stage had also purchased a tractor, and was also storing it at his farm, the agreement being we (father and son) would do some grass slashing for him as "payment" for machine storage.

Over the 4 years, we did do all that was agreed too and more, as I would buy machines he would find a job for them to do.

12 months ago, I purchased my own farm finally after 4 years of saving, and at the 9 month mark of ownership decided it was time to start moving my machines to my farm.

This was all okay until it came time to take the machines away that were the most useful.

This is where it gets childish. It occured to him that if I remove all my gear, no works for free will happen, something he became accustomed to over the 4 years prior. First he won't answer phone calls, then he locks all the gates to bar me from accessing my personal property. Tells me I'm now trespassing on his property and to leave or he will call the police. So I complied and left.

My father went to the police station and was promptly told this was all a civil issue and not the polices business which I understand

Two weeks of silence past and in the post I received a bill for $2720. This was for "rent of space for machines" for the last 12 months. Apparently when I pay his ransom, I can get access to my machines.

My question is, once I received his bill, is this now theft by conversion?
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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I would say it's not conversion by that issue as he is charging you rent - you don't charge storage fees to someone else for your own goods. Rather, this is detinue. The argument will come down to the terms upon which the goods were stored (and what was payable for that).
 

Conversion1

Member
11 April 2018
2
0
1
In light of this, what would be the best course of action to take from here? As there is no written contracts or rental agreements in place?

Thanks for the reply.
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
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Gold Coast, Queensland
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I'd have a look at VCAT to see if it's something they'll assist with. Their website covers their jurisdiction from memory.
 

Rod

Lawyer
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27 May 2014
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This is a private civil dispute and would not normally be covered by VCAT. However if the other party has sent you an invoice with an ABN he may have just brought himself under VCAT's jurisdiction. ie made it easier for you.

VCAT themselves are a little hazy on jurisdictional issues so file a matter at VCAT and see how you go. At worst they'll reject your case and refer you to the magistrates' court. You may even get your fee back (check that).