Norco Co-operative v Dianne Russell [2007] NSWDC 68

New South Wales District Court

CITATION: Norco Co-operative v Dianne Russell [2007] NSWDC 68

HEARING DATE(S): 05/04/06, 11/04/06 - 13/04/06

JUDGMENT DATE: 26 April 2007

JURISDICTION: Civil

JUDGMENT OF: Phegan DCJ

DECISION: 1. Verdict and judgment for the plaintiff in the plaintiff's claim in the sum of $19,721.95 together with interest from 1 November 2001 to the date of judgment; 2. Verdict and judgment for the cross-defendant on the cross-claim; 3. The defendant cross/claimant pay the costs of the plaintiff/cross-defendant

CATCHWORDS: international sale of goods - fas contracts - responsibility of seller/buyer for condition of goods in transit

Sale of Goods Act 1923 (NSW) LEGISLATION CITED: Trade Practices Act 1974 (Cth) Fair Trading Act 1987 (NSW) Evidence Act 1995 (NSW)

Beer v Walker [1874-80] All ER Rep 1139 Bowden Bros and Co Ltd v Little [1907] 4 CLR 1365 CASES CITED: Ollet v Jordan [1918] 2 KB 41 at 47 Mash & Murrell v Joseph I Emanuel Ltd [1961] 1 All ER 485 Cordova Land Co Limited v Victor Bros Inc [1966] 1 WLR 793

PARTIES: Norco Co-operative Ltd v Dianne Russell t/as Russell and Cohen

FILE NUMBER(S): 163/04

COUNSEL: Mr G Radburn Mr G Hooper

SOLICITORS: Bourke Love McCartney Young McKerns Lawyers

JUDGMENT

facts not in dispute

1 The plaintiff Norco Co-operative Ltd (Norco) is a manufacturer of stock feed at its mill in South Lismore. The defendant Dianne Russell (Russell), trading under the business name of Russell and Cohen, is an export trader. Between November 2000 and September 2001 the plaintiff supplied the defendant with pig feed in the form of "pig grower pellets" for export to customers of the defendant particularly in the Pacific Islands. On 11 September 2001, a purchase order was faxed to the plaintiff's stock feed mill by the defendant requesting three container loads of "16% pig grower pellets" packed in 40 kg bags (Exhibit A). The order also included a quantity of phostoxin, a chemical used for fumigation of the containers.