Matthew Short & Associates Pty Ltd v Riviera Marine (International) Pty Ltd & Anr - New South Wales Court of Appeal (Meagher JA, Heydon JA and Ipp AJA) - 30 August 2001

Title to sue - Sale of goods - Timing of transfer of property - Meaning of “carrier” in s 23 r 5 Sale of Goods Act 1923 (NSW)

Riviera Marine (International) Pty Ltd (“Riviera”) contracted to manufacture a motor cruiser (“the Cruiser”) and to sell it to Richard Boland Yacht Sales (“Boland”) in the USA. The sale contract was on FOB terms, stating the FOB point to be “Sydney”, but it also stated that payment was “COD”, opening up the argument that property passed on payment.