Australia Capital Financial Management Pty Limited v Freight Solutions (Vic) Pty Limited [2017] NSWDC 279 — Bills Of Lading & Misleading Or Deceptive Conduct — Barrister AI
Australia Capital Financial Management Pty Limited v Freight Solutions (Vic) Pty Limited
SHIPPING AND NAVIGATION — Bills of lading — House bill — Ocean bill — Distinction between — Where two bills issued in respect of one cargo — House bill with appearance of ocean bill issued by freight forwarder — Ocean bill issued by actual carrier — Sea Carriage Documents Act 1997 — Characteristics of a bill of lading — Bearer bills of lading — Right to delivery — Whether unendorsed bills of lading conferred security interest.
CONSUMER LAW — Misleading or deceptive conduct — Whether freight forwarder misrepresented house bills as bills of lading.
BREACH OF WARRANTY OF AUTHORITY — Cause of action — Belief of plaintiff in existence of authority — Inducement for plaintiff to enter into contract with third party- Whether loss caused by freight forwarder’s breach of warranty.
DAMAGES — Statutory — Competition and Consumer Act 2010 — Measure of damages — Identification of loss or damage required — Causation of loss or damage — Quantification of damage caused "by conduct of" person in breach of s 18.
