There has been an important development in the situation regarding DV Kelly v China shipping and the successful challenge to the legality of container detention/demurrage charges in the New South Wales Consumer, Trader & Tenancy Tribunal (CTTT).
An action has been commenced seeking several orders from the Supreme Court of New South Wales which if successful, will invalidate the decision of the CTTT which ruled that container detention/demurrage charges are unlawful.
Our suggestion:
As a general principle, it would not be sensible to:
A. Make business decisions; or
B. Commence litigation in respect of container detention/demurrage issues
in reliance on the decision in DV Kelly v China Shipping, before the decision of the Supreme Court is known and can be considered in relation to your particular situation.
The comments made above are provided for the sake of raising awareness only and are not intended to be legal advice that will apply to each and every situation.
Readers should seek their own legal advice in relation to theirs or a client's particular set of circumstances.
Please do not hesitate to contact me with any questions?
With best regards,
John Law
Solicitor and Director; Licensed Customs Broker
The Down Under Trade Group, for Justice, Trade & Customs
"Our Industry Experience, makes the difference"
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(02) 9873 1264 (International: 61 2 9873 1264) |
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0414 409 098 (International: 61 414 409 098) |
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Bennelong Legal
Central Coast Lawyers
Down Under Legal
Down Under Trade Group
mediating LATERAL Solutions -
Dispute Resolution without Litigation
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