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

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

The plaintiff had title to the goods and PNL's alternative reliance on KR Sea & Air Inc's request was of no substance, but PNL showed a serious question to be tried that its standard trading conditions were incorporated into its dealings with the plaintiff and that cl 25 gave it a general lien over the goods. Section 74 of the Supreme Court Act 1970 therefore applied, and delivery up was ordered only on the plaintiff's undertaking as to damages and payment into Court of the identified lien amount of $22,274.40, with no additional amount for costs or interest.

Jurisdiction
Australia
Judgment Date
22 November 2011
Procedural Posture
Application for Mandatory Interlocutory Relief for Delivery Up of Goods Concerning an Asserted General Possessory Lien / Interlocutory Application in the Equity Division Duty List
Outcome
Interlocutory delivery up ordered against the second defendant conditional on undertaking as to damages and payment into Court; defendants restrained from dealing with or changing the storage temperature of the goods until further order or compliance; claims against the first defendant dismissed with costs;...
Legal Topics
['general Possessory Lien' 'delivery Up of Goods' 'payment Into Court' 'interlocutory Restraint' 'costs']
['equity' 'commercial Law' 'civil Procedure'] ['general Possessory Lien' 'delivery Up of Goods' 'payment Into Court' 'interlocutory Restraint' 'costs']

Case Brief

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Procedural Posture

Application for Mandatory Interlocutory Relief for Delivery Up of Goods Concerning an Asserted General Possessory Lien / Interlocutory Application in the Equity Division Duty List

Legal Issues

  1. 1 ["Whether PNL was entitled to retain the plaintiff's goods by asserting a general lien for prior debts owed by the plaintiff." 'Whether PNL could rely on a request by KR Sea & Air Inc not to deliver the container because of an alleged debt owed by Haemi Foods Co Ltd.' 'Whether s 74 of the Supreme Court Act 1970 applied so that delivery up could be ordered on payment into Court of the amount secured by the asserted lien.' 'What amount should be paid into Court as the amount in respect of which the lien was claimed.' "Whether the plaintiff should pay the first defendant's costs after claims against the first defendant were dismissed."]

Ratio Decidendi

The plaintiff had title to the goods and PNL's alternative reliance on KR Sea & Air Inc's request was of no substance, but PNL showed a serious question to be tried that its standard trading conditions were incorporated into its dealings with the plaintiff and that cl 25 gave it a general lien over the goods. Section 74 of the Supreme Court Act 1970 therefore applied, and delivery up was ordered only on the plaintiff's undertaking as to damages and payment into Court of the identified lien amount of $22,274.40, with no additional amount for costs or interest.

Court Disposition

Interlocutory delivery up ordered against the second defendant conditional on undertaking as to damages and payment into Court; defendants restrained from dealing with or changing the storage temperature of the goods until further order or compliance; claims against the first defendant dismissed with costs;...

Orders

  • ["Upon the plaintiff by its counsel giving the usual undertaking as to damages, and upon the plaintiff paying $22,274 into Court, 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...