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Lloyd's Law Reports Plus

MITSUI OSK LINES (THAILAND) CO LTD v JACK FAIR PTY LTD

[2015] Lloyd's Rep Plus 55

FEDERAL CIRCUIT COURT OF AUSTRALIA

Before Judge Street

Carriage of 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 - Carrier settling with true owner of bill of lading - Carrier bringing claim against notify party to recover amount paid in settlement - 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 - Admiralty Act 1988 (Cth), section 4(3)(f), Competition and Consumer Act 2010 (Cth), section 138A and schedule 2.

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