Pacific Asia Express Pty Limited v Renegade Gas Pty Limited [2010] NSWSC 1188

New South Wales Supreme Court

CITATION : Pacific Asia Express Pty Limited v Renegade Gas Pty Limited [2010] NSWSC 1188

HEARING DATE(S) : 23 July 2010

JUDGMENT DATE : 30 September 2010

JURISDICTION : Equity Division, Admiralty List

JUDGMENT OF : Rein J

1. The appeal of Pacific Asia Express Pty Ltd is allowed. 2. The verdict and judgment of the magistrate in favour of Renegade Gas Pty Ltd and the order that Pacific Asia Express Pty Ltd pay the costs of Renegade Gas Pty Ltd are set aside. DECISION : 3. In lieu thereof order that there is a verdict in favour of Pacific Asia Express Pty Ltd with judgment accordingly and that Renegade Gas Pty Ltd pay the costs of Pacific Asia Express Pty Ltd of the Local Court proceedings on the usual basis. 4. Order that Renegade Gas Pty Ltd pay the costs of Pacific Asia Express Pty Ltd of the proceedings in this Court. 5. Renegade Gas Pty Ltd is to have a Suitors Fund Act certificate for the costs of the appeal to the extent it is entitled.

CATCHWORDS : SHIPPING AND NAVIGATION - carriage of goods - appeal from Local Court - whether decision should be set aside because Magistrate failed to address defendant's defence - whether Supreme Court should determine matter - whether appellant entitled to assert lien on goods - whether appellant had bona fide belief that it was entitled to assert lien - whether giving up of right to lien constituted sufficient consideration for agreement between appellant and respondent

Land and Environment Court Act 1979 (NSW) LEGISLATION CITED : Local Court Act 2007 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW)