Allied Express Transport and Allied Overnight Express Pty Ltd v Rowa Australia Pty Ltd [2007] NSWLC 14

Allied Express Transport and Allied Overnight Express Pty Ltd v Rowa Australia Pty Ltd [2007] NSWLC 14

Rowa was generally bound by Allied's signed standard terms for services between 12 August and 6 September 2005, including flagfall and travel time, because the customer acceptance form was a commercial written contract and the later pallet agreement did not operate retrospectively. However, the Court accepted oral variations for the one-off semi-trailer job, finding the agreed rate was $70 per hour and that the fuel levy was not additional for that job. The 6 September pallet agreement meant $46 for a single pallet and $23 per pallet where two to four pallets were delivered, with lower per-pallet rates for higher quantities. Allied's obligation to provide proofs of delivery was not an...

Jurisdiction
Australia
Judgment Date
15 June 2007
Procedural Posture
Civil Contract Claim for Unpaid Transport Services Invoices / Judgment on Liability; Quantum to Be Assessed
Outcome
Verdict for the plaintiff with quantum to be assessed. Costs reserved.
Legal Topics
['construction of Contract' 'oral Variation' 'written Standard Terms' 'transport Services Charges' 'proof of Delivery' 'quantum of Damages' 'estoppel']
['contract Law' 'civil Procedure'] ['construction of Contract' 'oral Variation' 'written Standard Terms' 'transport Services Charges' 'proof of Delivery' 'quantum of Damages' 'estoppel']

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Procedural Posture

Civil Contract Claim for Unpaid Transport Services Invoices / Judgment on Liability; Quantum to Be Assessed

Legal Issues

  1. 1 ['What were the terms agreed upon for the 12 August transaction?' 'Was Allied entitled to charge flagfall?' 'Was Allied entitled to charge travel time?' 'Was the agreed pallet rate $46 for the first pallet and $23 per pallet for each subsequent pallet, or $23 per pallet if two or more pallets were carried?' 'Was the agreed hourly rate for a semi-trailer $70 or $82.50?' 'Was a fuel levy of 2.9 per cent applicable to all transactions?' 'Did the intrastate pallet rates negotiated on 6 September 2005 apply to transactions earlier than that date or did the standard terms apply?' 'Was Allied obliged by the terms of its contract to provide a copy of a Proof of Delivery document before it could request payment?' 'Has Rowa miscalculated the sum outstanding in any event?']

Ratio Decidendi

Rowa was generally bound by Allied's signed standard terms for services between 12 August and 6 September 2005, including flagfall and travel time, because the customer acceptance form was a commercial written contract and the later pallet agreement did not operate retrospectively. However, the Court accepted oral variations for the one-off semi-trailer job, finding the agreed rate was $70 per hour and that the fuel levy was not additional for that job. The 6 September pallet agreement meant $46 for a single pallet and $23 per pallet where two to four pallets were delivered, with lower per-pallet rates for higher quantities. Allied's obligation to provide proofs of delivery was not an...

Court Disposition

Verdict for the plaintiff with quantum to be assessed. Costs reserved.

Orders

  • ['Verdict for the plaintiff with quantum to be assessed.' 'Costs reserved.']