Naruone Australia Pty Ltd v TNS Logis Pty Ltd & Anor [2012] NSWSC 791

Naruone Australia Pty Ltd v TNS Logis Pty Ltd & Anor [2012] NSWSC 791

The court found, on the evidence, that the standard trading conditions (including the lien) were incorporated in the agreement, and PNL was retained by the plaintiff as its agent in collecting the goods. PNL was entitled to a general lien over the goods and the money paid into court should be paid out to PNL. Plaintiff’s objections to the invoices were unsupported and rejected.

Parties
Plaintiff/cross Defendant: Naruone Australia Pty Ltd; First Defendant: TNS Logis Pty Ltd; Second Defendant/cross Claimant: P & L (Aust) Pty Ltd t/as PNL Global Logistics Pty Ltd; Cross Defendant: Naruone Pty Ltd
Jurisdiction
Australia
Judgment Date
16 July 2012
Procedural Posture
Principal Judgment / Post Hearing, Before Final Orders
Outcome
Further amended summons dismissed; cross-claim upheld
Legal Topics
Lien, General Possessory Lien, Incorporation of Trading Conditions, Money Paid Into Court, Entitlement Under Agreement, Detention of Goods
Equity Lien General Possessory Lien Incorporation of Trading Conditions Money Paid Into Court Entitlement Under Agreement Detention of Goods

Case Brief

Summary, issues, holding and outcome

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Parties

Naruone Australia Pty Ltd

Plaintiff/cross Defendant

TNS Logis Pty Ltd

First Defendant

P & L (Aust) Pty Ltd t/as PNL Global Logistics Pty Ltd

Second Defendant/cross Claimant

Naruone Pty Ltd

Cross Defendant

Procedural Posture

Principal Judgment / Post Hearing, Before Final Orders

Legal Issues

  1. 1 Whether defendant entitled to general lien under agreement with plaintiff
  2. 2 Whether conditions were incorporated in agreements between parties
  3. 3 Whether lien extends to current transaction

Ratio Decidendi

The court found, on the evidence, that the standard trading conditions (including the lien) were incorporated in the agreement, and PNL was retained by the plaintiff as its agent in collecting the goods. PNL was entitled to a general lien over the goods and the money paid into court should be paid out to PNL. Plaintiff’s objections to the invoices were unsupported and rejected.

Court Disposition

Further amended summons dismissed; cross-claim upheld

Orders

  • Declaration PNL held a valid lien over the goods
  • PNL entitled to judgment against plaintiff for unpaid invoices amount (subject to final calculation)