Rabobank Australia Limited v Colly Cotton Marketing Pty Limited

[2005] NSWSC 727

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. [SECURITIES] - Whether Crop Lien granted to the Bank pursuant to the Liens on Crops and Wool and Stock Mortgages Act 1898 is 'preferential' or has priority over claim for losses on liquidation of foreign currency positions in relation to cotton crop
1. [CONTRACT] - Identity of contracting parties for forward sales of cotton and currency positions or contracts - identification of terms - nature of the various transactions - Whether breach of warranty - Whether cotton grower required to indemnify cotton merchant for amount it is required to pay the Bank under the Crop Lien
1. [TRADE PRACTICES] - Whether representations made - Whether reasonable grounds for making representation - Whether misleading or deceptive (s 51A; s 52)
1. [DUTY OF CARE] - Whether cotton merchant owed a duty of care to cotton grower - scope - whether duty breached