The applicant, Rui Dong, moved for interim recovery of a motor vehicle purchased from the respondent, J. Lockwood Leasing, which the respondent had repossessed.
Lockwood repossessed the vehicle after discovering a $10,000 undercharge, despite having no conditional sales agreement, possession, or validly registered lien.
The court found that Rui was the lawful owner and Lockwood was not entitled to a security interest or lien under the Personal Property Security Act, nor was it entitled to repossess the vehicle, especially from private property, as this amounted to execution before judgment.
The balance of convenience favored the applicant due to the respondent's high-handed and disproportionate conduct.
The court ordered the immediate return of the vehicle, discharge of the improper lien, payment of $500 to the applicant for the improper lien registration, and transfer of the action to Small Claims Court given the remaining amount in dispute.
