Customs & Cargo Administrators Pty Limited v China Shipping (Australia) Agency Co Pty Limited [2008] NSWDC 89

New South Wales District Court

CITATION: Customs & Cargo Administrators Pty Limited v China Shipping (Australia) Agency Co Pty Limited [2008] NSWDC 89

HEARING DATE(S): 08/04/08 - 10/04/08, 23/04/08

JUDGMENT DATE: 26 May 2008

JURISDICTION: Civil

JUDGMENT OF: Rolfe DCJ

DECISION: See paragraph 110 of Judgment

CATCHWORDS: Contracts relating to cargo reporting services - Estoppel by representation claim relating to application and enforcement of contractual provision - Unconscionable conduct - Consideration of evidence - Penalty - Statement of Principles and application to the facts - Indemnity costs - Consideration of contractual provisions

LEGISLATION CITED: Trade Practices Act 1974 (Cth) Fair Trading Act 1987 (NSW)

CASES CITED: Ringrow Pty Limited v BP Australia Pty Limited (2005) 222 ALR 306 Dunlop Pneumatic Tyre Co Limited v New Garage and Motor Co Limited (1915) AC 79

PARTIES: Customs & Cargo Administrators Pty Limited (Plaintiff) China Shipping (Australia) Agency Co Pty Limited (Defendant)

FILE NUMBER(S): 1643/06

COUNSEL: A J Lidden SC with A R R Vincent (Plaintiff) M G McHugh (Defendant)

JUDGMENT

1 The plaintiff, Customs & Cargo Administrators Pty Limited, carries on the business of cargo reporting services. It provides these services to importers, freight forwarders, customs brokers and shipping lines.

2 The defendant, China Shipping (Australia) Agency Co Pty Limited, carries on the business of a shipping line.

3 For some years prior to 2005 the defendant ran weekly liner services into Australia and utilised the plaintiff's services in reporting on regulatory matters to the Australian Customs Service ("Customs"). On 13 January 2005 governmental regulations for the reporting requirements of Customs changed for a number of reasons including security and efficiency. This meant that the reporting on cargo arriving in Australia had to be performed at least 48 hours prior to a vessel arriving at an Australian port. This was much earlier than had been the case beforehand.