Cartodraft Australia Pty Ltd v CLC Deliveries Pty Ltd trading as Hunter Express [2018] NSWCATCD 14

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cartodraft Australia Pty Ltd v CLC Deliveries Pty Ltd trading as Hunter Express [2018] NSWCATCD 14 Hearing dates: 26 March 2018 Date of orders: 01 May 2018 Decision date: 01 May 2018 Jurisdiction: Consumer and Commercial Division Before: P French, General Member Decision: (1) The respondent, CLC Deliveries Pty Ltd trading as Hunter Express is to return the packages identified by its consignment notes YY342269, YY342231, YY344177 and YY344195, to the applicant, Cartodraft Australia Pty Ltd, in undamaged condition by making them available for collection immediately. (2) The applicant may seek leave to renew this application before the Tribunal, as presently constituted, at any time before 13 May 2018 if Order 1 is not complied with. Catchwords: CONSUMER CLAIM – detinue - conversion – jus terti – bailee and sub-bailee – sub-bailment on terms – whether bailor consented to these terms - goods consigned for transport by on-line retailer - where application arises from a contract for the supply of transport services by an intermediary transport broker – where the intermediary contracts with the respondent to deliver the goods – where the intermediary owes the respondent a substantial debt and subsequently goes into liquidation – where the respondent refuses to deliver the goods as addressed or return them to the applicant – where the respondent purports to exercise a lien over the goods until the intermediary's debt to it is paid Legislation Cited: Consumer Claims Act 1998: s 3A Fair Trading Act 1987: Part 6A Cases Cited: BIS Cleanaway (trading as CHEP) & Ors v Tatale & Anor; Brambles (trading as CHEP) v Tatale & Anor [2007] NSWSC 378 Brambles Security Services Ltd v. Bi-Lo P/L (1992) Aust Torts Report Butler v Hobson [1838] 4 Bing NC 290 Coggs v Barnard (1703) 2 Lord Raym 909 Edwards v Amos (1945) 62 WN (NSW) 204 Gilchrist Watt and Sanderson v York Products (1970) 1 WLR 1262 Henry Berry & Co Pty Ltd v Rushton [1937] St R Qd 109 Hill & Anor v Reglon Pty Limited [2007] NSWCA 295 Jelks v Haywood [1905] 2 KB 461 Jenkinson v Chaw [2015] NSWCATAP 127 Kahler v Midland Bank Limited [1950] AC 24 Penfolds Wines v Elliott (1946) 74 CLR 204 The Pioneer Container (1994) 2 AC 324 Westpac Banking Corporation & Anor v Royal Tongan Airlines & Ors (1996) Aust Torts Reports 81-403 WMC Engineering Services Pty Ltd v Brambles Holdings Ltd t/a Oilfield and General Transport Co (unreported, Supreme Court of Western Australia, Wheeler J, 31 October 1997) Category: Principal judgment Parties: Cartodraft Australia Pty Ltd (applicant)