Naruone Australia Pty Ltd v TNS Logis Pty Ltd & Anor [2011] NSWSC 1490

Supreme Court New South Wales

Medium Neutral Citation: Naruone Australia Pty Ltd v TNS Logis Pty Ltd & Anor [2011] NSWSC 1490 Hearing dates: 22 November 2011 Decision date: 22 November 2011 Jurisdiction: Equity Division - Duty List Before: White J Decision: 1. Upon the plaintiff by its counsel giving the usual undertaking as to damages, and upon the plaintiff paying $22,274 into Court, I order that, within 24 hours after the plaintiff's solicitor serves notice on the second defendant's solicitor that such moneys have been paid into Court, the second defendant deliver the goods referred to in para 1 of the amended summons to a carrier nominated by the plaintiff at the premises at 15-17 Byrnes Street, Botany, New South Wales. 2. Secondly, upon the plaintiff, by its counsel giving the usual undertakings as to damages, I order that until further order, or until compliance with order 1, the defendants, by themselves, their employees or agents, be restrained from dealing with the goods or adjusting the temperature at which the goods are stored. 3. I give liberty to the parties to apply on reasonable notice to the Duty Judge. 4. I order that the plaintiff pay the first defendant's costs of the proceedings against it. 5. I stand the proceedings over to the Registrar's list on 18 December 2011. Catchwords: EQUITY - lien - general possessory lien - application for delivery up of goods - whether defendant entitled to general lien over goods that came into their control as security for prior debts - Supreme Court Act 1970, s 74 - where plaintiff clearly has title to goods - serious question to be tried that defendant entitled to general lien - delivery up of goods ordered subject to payment into court of amount of money in respect of which lien is claimed Legislation Cited: Supreme Court Act 1970 Civil Procedure Act 2005 Cases Cited: Segbedzi v Glah (1989) 139 NLJ 1303 Gebruder Naf v Ploton (1890) 25 QBD 13 Ismail v Richards Butler (a firm) (1996) 2 All ER 506 Category: Interlocutory applications Parties: Naruone Australia Pty Ltd (Plaintiff) TNS Logis Pty Ltd (1st Defendant) P&L (Aust Pty Ltd trading as PNL Global Logistics (2nd Defendant) Representation: M K Rollinson (Plaintiff) D P O'Connor (Defendants) John Doolan, Solicitor (Plaintiff) HIS Lawyers (Defendants) File Number(s): 2011/359074