Allied Express Transport Pty Ltd v BAX Global (Aust) Pty Ltd (No 2) [2006] NSWSC 1180

Allied Express Transport Pty Ltd v BAX Global (Aust) Pty Ltd (No 2) [2006] NSWSC 1180

Plaintiff Allied entitled to judgment for the claim, subject to BAX's equitable right of set-off, as it was not a term of the contract that Allied would not be paid absent production of a POD. The parties reached mutual assent to terms in the 30 July 2003 version of the Transportation Agreement and Pricing Schedule. Liability for lost or missing goods is subject to rebuttable presumption up to capped amounts as per contract; not strict liability.

Jurisdiction
Australia
Judgment Date
13 November 2006
Procedural Posture
Commercial Contractual Dispute / Final Judgment After Trial
Outcome
Plaintiff's claim established; entitlement to judgment subject to set-off. Quantum subject to later agreement or determination.
Legal Topics
['offer and Acceptance' 'equitable Set Off' 'proof of Delivery (pod) Requirements' 'limitation of Liability' 'contract Formation']
['contracts' 'commercial Law'] ['offer and Acceptance' 'equitable Set Off' 'proof of Delivery (pod) Requirements' 'limitation of Liability' 'contract Formation']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Commercial Contractual Dispute / Final Judgment After Trial

Legal Issues

  1. 1 ['What were the terms of the contract between Allied and BAX?' "Was 'no POD, no pay' a contractual term?" 'Is the plaintiff entitled to payment of outstanding invoices subject to set-off?' 'Is BAX entitled to set-off for loss or deemed loss of goods?' 'What principles determine liability for lost or missing goods?']

Ratio Decidendi

Plaintiff Allied entitled to judgment for the claim, subject to BAX's equitable right of set-off, as it was not a term of the contract that Allied would not be paid absent production of a POD. The parties reached mutual assent to terms in the 30 July 2003 version of the Transportation Agreement and Pricing Schedule. Liability for lost or missing goods is subject to rebuttable presumption up to capped amounts as per contract; not strict liability.

Court Disposition

Plaintiff's claim established; entitlement to judgment subject to set-off. Quantum subject to later agreement or determination.

Orders

  • ['Plaintiff Allied entitled to judgment for $439,187.44 subject to equitable set-off by BAX.' 'Interest payable at scheduled rate on net amount.' 'Matter adjourned to enable parties to agree on quantum of cross-claim and set-off; court to resolve quantum if agreement not reached.' 'Parties to be heard on costs and...