Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Toll Holdings Ltd v Stewart [2016] FCA 256 File number: VID 181 of 2016
Judge: RARES J
Date of judgment: 15 March 2016
Catchwords: SALE OF GOODS – stoppage in transitu – conversion – where administrators and receivers appointed to purchaser with property in goods shipped f.o.b. to Australia – where unpaid vendor gives notice to carrier to "hold" goods – whether notice effectual stoppage in transitu under s 48 of Sale of Goods Act 1923 (NSW) – whether carrier's subsequent delivery of goods from wharf to agent of purchaser conversion of goods – when transit finishes ADMIRALTY – straight telex release bills of lading given to purchaser by unpaid vendor – whether consignor or carrier can replace straight bills with to order bill after goods shipped on board CORPORATIONS – whether leave to proceed under ss 440B or 440D of Corporations Act 2001 (Cth) should be granted to carrier of goods seeking to interplead or to unpaid vendor of goods asserting right of possession after exercise of right of stoppage in transitu under Pt 5 of Sale of Goods Act 1923 (NSW) PRACTICE AND PROCEDURE – interpleader proceedings under rr 18.01 and 18.05 of Federal Court Rules 2011 (Cth) – whether stakeholder colluded or disentitled to interplead
Legislation: Corporations Act 2001 (Cth) Federal Court Rules 2011 (Cth) Sale of Goods Act 1923 (NSW) Sea-Carriage Documents Act 1997 (NSW)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate