Gilgandra Marketing Co-Operative Limited v Australian Commodity & Merchandise Pty Ltd & Ors [administrator appointed] [No. 2] [2011] NSWSC 16

Gilgandra Marketing Co-Operative Limited v Australian Commodity & Merchandise Pty Ltd & Ors [administrator appointed] [No. 2] [2011] NSWSC 16

Gilgandra is entitled to the higher rates ($290–$310/tonne), Commodities owes the contract sum, title passed at Port Botany per contract terms, Gilgandra may exercise stoppage in transitu because Commodities is insolvent, but not an equitable lien as the contract is not specifically enforceable.

Parties
Plaintiff/cross Defendant: Gilgandra Marketing Co-Operative Limited; First Defendant/cross Claimant: Australian Commodities & Merchandise Pty Ltd; Second Defendant: MSC Mediterranean Shipping Company SA; Third Defendant: NYK Line; Fourth Defendant: MISC Berhad
Jurisdiction
Australia
Judgment Date
04 February 2011
Procedural Posture
Principal Judgment / Final Trial Decision
Outcome
Judgment for Gilgandra Marketing Co-Operative Limited; permanent injunction granted; parties to provide Short Minutes of Order within 7 days.
Legal Topics
Contracts—sale of Goods, Passing of Title, Stoppage in Transitu, Equitable Lien
Contract Law Commercial Law Contracts—sale of Goods Passing of Title Stoppage in Transitu Equitable Lien

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Gilgandra Marketing Co-Operative Limited

Plaintiff/cross Defendant

Australian Commodities & Merchandise Pty Ltd

First Defendant/cross Claimant

MSC Mediterranean Shipping Company SA

Second Defendant

NYK Line

Third Defendant

MISC Berhad

Fourth Defendant

Procedural Posture

Principal Judgment / Final Trial Decision

Legal Issues

  1. 1 Whether consideration of $280 per tonne agreed or a higher rate per tonne
  2. 2 Whether title in wheat passed to purchaser upon delivery to Port Botany
  3. 3 Whether vendor may exercise rights of stoppage in transitu

Ratio Decidendi

Gilgandra is entitled to the higher rates ($290–$310/tonne), Commodities owes the contract sum, title passed at Port Botany per contract terms, Gilgandra may exercise stoppage in transitu because Commodities is insolvent, but not an equitable lien as the contract is not specifically enforceable.

Court Disposition

Judgment for Gilgandra Marketing Co-Operative Limited; permanent injunction granted; parties to provide Short Minutes of Order within 7 days.

Orders

  • Permanent injunction restraining Commodities from dealing with wheat in containers at Chittagong.
  • Parties directed to bring in Short Minutes of Order within 7 days to give effect to reasons.