Mitsui OSK Lines (Thailand) Co Ltd v Jack Fair Pty Ltd - Federal Circuit Ct of Australia (Judge Street) [2015] FCCA 558 - 10 March 2015

Carriageof goods by sea - Bill of lading - Notify party obtaining delivery of cargo by presenting endorsed and signed non-negotiable copy of bill of lading - Notify party not entitled to delivery - Whether notify party liable under Australian Consumer Law for misleading and deceptive conduct - Whether notify party liable in conversion - Whether notify party liable for breach of implied contract

The plaintiff was the ocean carrier under a combined transport bill of lading in respect of the carriage of two containers of 1,760 bags of jasmine rice issued at Bangkok for carriage from Bangkok to Sydney, Australia. The consignee was recorded as “To the order of shipper” and the notify party was identified as the defendant, Jack Fair Pty Ltd.