2025 (1) TMI 606

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..... ns of the operative data system, it is true that Volvo has information in its position as to the status of the packaging material. However, this information does not appear to rise to the level of conferring upon Volvo either control or possession over the packaging material. Once the packaging material is delivered to the Appellant, the Appellant is free to use such packaging material in such manner as it thinks fit for packing such goods as it thinks fit and for transporting such goods from such places as it thinks fit. It would also appear that there is nothing that saves the Appellant from liability in respect of any damage that occurs to the packaging material when such material is in the use of the Appellant. Therefore, it cannot be s .....

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..... ist of wooden pallets, frames, and lids that can be combined into boxes. Spacers can be placed inside the boxes to separate layers of goods. The packing materials or containers are made either of wood or of plastic. Under the agreement with Volvo, the appellant was entitled to use three weeks of packaging material without rental cost. For any use beyond this period rent would be chargeable. An operative data system is described as being a unique feature of this packaging system. This operative data system provides the active location and status of all packaging and is online, which means that the correct balance is always available, and the system is connected to the user interface where every user, such as the appellant, can obtain current .....

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..... case vest in Volvo or in the Appellant ? . 7. We find that there is nothing on the record which regulates the manner in which the Appellant may use the packaging material once it has been delivered to the Appellant. By means of the operative data system referred to above, it is true that Volvo has information in its position as to the status of the packaging material. However, this information does not, to us, appear to rise to the level of conferring upon Volvo either control or possession over the packaging material. Once the packaging material is delivered to the Appellant, the Appellant is free to use such packaging material in such manner as it thinks fit for packing such goods as it thinks fit and for transporting such goods from suc .....

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