Wood v Rowcliffe (1847) 2 Ph 383

Key Point

  • An injunction can be ordered for conversion not only when damages would be inadequate but also in all cases where possession is obtained with breach of fiduciary duty

Facts

  • C left furniture to his agent while he was abroad
  • The agent passed it to D who sought to sell it
  • Wigram V-C granted an injunction to the sale
  • D argued that an injunction could not lie in equity since:
    • there was no peculiar value that could not be compensated by damages; and
    • even if there was such equity against the agent it was gone as the furniture changed hands to D

Held (High Court of Chancery)

  • Appeal dismissed; the injunction was upheld

Cottenham LC

  • Injunction can be granted where a fiduciary relation subsists between the parties whether it be the case of an agent, trustee, or broker, the court will order an injunction or delivery to prevent an abuse of power