Did you hear the one about ...
We are aware that as a result of the much publicised decision in DV Kelly v China Shipping in the Consumer, Trader and Tenancy Tribunal in New South Wales (CTTT), claims have been made for the reimbursement of container detention/demurrage paid before the decision of the CTTT.
Readers will remember that the relevant decision of the CTTT was that container detention/demurrage charges are unlawful.
The decision of the CTTT is the subject of an appeal and other litigation.
It is likely that these proceedings will not be finalised this year.
Until these proceedings are finalised, this decision of the CTTT cannot be relied on as either:
(i) A basis for making claims for the refund of container detention/demurrage paid; or
(ii) As a shield from making future payments.
Our suggestions:
1. Claims for container detention/demurrage paid before the CTTT decision should not be pursued for payment; and
2. Any such claims made to date should not be paid,
before the appeal and related proceedings have been finalised.
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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Phone: |
(02) 9873 1447 (International: 61 2 9873 1447) |
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Fax: |
(02) 9873 1264 (International: 61 2 9873 1264) |
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Mobile: |
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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