Wieland Process Equipment Pty Limited v Marcello Giovanni Russo & Ors [2006] NSWDC 79

New South Wales District Court

CITATION: Wieland Process Equipment Pty Limited v Marcello Giovanni Russo & Ors [2006] NSWDC 79

HEARING DATE(S): 4 April 2005 - 7 April 2005

JUDGMENT DATE: 21 June 2006

JUDGMENT OF: Rolfe DCJ

DECISION: 1. On the cross-claim brought by WPE against Hy-Tec and Premier, there will be a verdict and judgment for the Cross-Defendants.; 2. As a consequence of Order 1, in relation to the cross-claim brought by Hy-Tec and Premier against WPE, that cross-claim is dismissed.; 3. I direct the exhibits be returned.

CATCHWORDS: C and F Contract - When title to goods passes - Bill of Lading - Payment under Letter of Credit - Relevance of Sale of Goods Legislation

Fair Trading Act (NSW) Trade Practices Act 1974 (Cth) LEGISLATION CITED: Law Reform (Miscellaneous Provisions) Act 1946 Sales of Goods Act 1923 Sea Carriage Documents Act (1997) Sales of Goods (Vienna Convention) Act 1986

Comptior d'Achat et De Vente Du Boerenbond Belge SA v Luis De Ridder Ltd (1949) AC 293 at 309 CASES CITED: Pacific Carrier Ltd v BNP Paribas (2004) 218 CLR 451 Carrington Shipways Pty Ltd v Patrick Operations Pty Ltd (1991) 24 NSWLR 745

Wieland Process Equipment Pty Limited (Cross-Claimant/First Cross Claim) Hy-Tec Industries Pty Limited (Second Cross-Defendant/First Cross-Claim) PARTIES: Premier Resources Pty Limited (Fourth Cross-Defendant/First Cross-Claim) Hy-Tec Industries Pty Limited (First Cross-Claimant/Second Cross-Claim) Premier Resources Pty Limited (Second Cross-Claimant/Second Cross-Claim) Wieland Process Equipment Pty Limited (Cross-Defendant/Second Cross-Claim)