The plaintiff bank brought a motion for an interim order to recover possession of a vehicle financed under a conditional sales contract.
The defendant, who purchased the vehicle from a private seller and claimed to be a bona fide purchaser without notice of the bank's lien, opposed the motion.
The court dismissed the motion, finding that the bank failed to provide sufficient evidence of default or substantial grounds to establish unlawful detention by the defendant.
Furthermore, the balance of convenience favoured the defendant, who had possessed the vehicle for over three years and incurred significant costs to recover it after it was stolen.
