NSW Caselaw
New South Wales District Court
CITATION: I & J Frozen Foods (Australia) Pty Ltd v Ali Baba Lebanese Cuisine Pty Ltd [2009] NSWDC 185
HEARING DATE(S): 12, 13 March, 7, 8 May 2009 and subsequent submissions in writing
JUDGMENT DATE: 22 July 2009
JURISDICTION: Civil
JUDGMENT OF: Levy SC DCJ
DECISION: 1. Verdict and judgment for the plaintiff in the sum of $111,460.80; 2. Defendant to pay the plaintiff's costs.
CATCHWORDS: BAILMENT– bailment for reward – frozen bulk packaged seafood and chicken meat belonging to plaintiff stored in cold storage facility owned by defendant – plaintiff's goods stolen by former employee of defendant – whether defendant has displaced the inference that the loss of the plaintiff's goods was caused by negligence of the defendant as bailee.
LEGISLATION CITED: No legislation was cited
Glebe Island Terminals Pty Ltd v Continental Seagram Pty Ltd (1993) 40 NSWLR 206 CASES CITED: Pitt, Son & Badgery Ltd v Proulefco SA [1994] HCA 6; (1994) 153 CLR 644 Thomas National Transport (Melbourne) Pty Ltd v May & Baker (Australia) Pty Ltd [1966] HCA 46; (1966) 115 CLR 353 Tottenham Investments Pty Ltd v Carburettor Services Ltd, NSWCA, unreported, 1 July 1994
TEXTS CITED: NE Palmer, Law of Bailment, 2nd ed, (1991)
PARTIES: I & J Frozen Foods (Australia) Pty Ltd (Plaintiff) Ali Baba Lebanese Cuisine Pty Ltd (Defendant)
FILE NUMBER(S): 3262 of 2008
COUNSEL: Mr E Chrysostomou (Plaintiff) Ms R Francois (Defendant)
SOLICITORS: Our Lawyers Our Conveyancers (Plaintiff) Picone & Co Solicitors (Defendant)
JUDGMENT
Nature of the case
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