Alianza Logistika TDGE SA v Good Apples Pty Ltd [2023] NSWDC 40

District Court New South Wales

Medium Neutral Citation: Alianza Logistika TDGE SA v Good Apples Pty Ltd [2023] NSWDC 40 Hearing dates: 22 and 23 February 2023 Date of orders: 2 March 2023 Decision date: 02 March 2023 Jurisdiction: Civil Before: Andronos SC DCJ Decision: (1) Judgment for the plaintiff in the sum of USD164,841.88 and AUD2,392.20. (2) The defendant to pay the plaintiff interest under s 100 of the Civil Procedure Act 2005 (NSW) to date calculated at USD13,112.25. (3) The defendant pay the plaintiff's costs of the proceedings. (4) Any party seeking to vary the costs order has liberty to apply within 14 days. Catchwords: CONTRACT – debt claim on credit contract between freight forwarder and importer – alleged express oral terms – delivery of cargo in merchantable condition – obligation not to overcharge – whether duty to maximise use of cargo allocation is raised CONSUMER LAW — false or misleading representations — representations about goods or services – proof of representations NEGLIGENCE – duty of care - duty of freight forwarder to ensure cargo is delivered undamaged – duty not to overcharge – whether duty to maximise use of cargo allocation is raised SET-OFF – liquidated and unliquidated claims Legislation Cited: Australian Consumer Law, s 4, s 18 Civil Liability Act 2002 (NSW), s 5B Civil Procedure Act 2005 (NSW), s 21, s 100 Cases Cited: CSR Investments Pty Ltd v Alcan Northern Territory Alumina Pty Ltd [2003] NSWSC 1137 Grant v NZMC Ltd [1989] 1 NZLR 8 Miliangos v George Frank (Textiles) Ltd [1976] AC 443 Mitsui OSK Lines Ltd v The Ship Minseal Transporter [1983] 2 NSWLR 564 Norsemeter Holdings AS v Pieter Boele [No 3] [2002] NSWSC 390 Roadshow Entertainment Pty Ltd v ACN 053 006 269 Pty Ltd (recs & mgr apptd) (1997) 42 NSWLR 462 Watson v Foxman (1995) 49 NSWLR 315 Category: Principal judgment Parties: Alianza Logistika TDGE SA (plaintiff/cross-defendant) Good Apples Pty Ltd (cross-claimant/defendant) Representation: Counsel: Ms J Gatland (plaintiff/cross-defendant)