Supreme Court
New South Wales
Medium Neutral Citation: Applications of CHEP Australia Ltd [2022] NSWSC 1145 Hearing dates: 24 – 25 August 2022 Date of orders: 26 August 2022 Decision date: 26 August 2022 Jurisdiction: Equity - Duty List Before: Robb J Decision: See [37] below.
Catchwords: CIVIL PROCEDURE — interim preservation — search orders — equivalent application in nine separate proceedings — two-stage search orders to identify and remove CHEP pallets — jurisdiction of equity to order return of specific chattels to owner — alleged black market in CHEP pallets causing nationwide supply chain issues — scarcity of resources to manufacture new pallets — whether damages inadequate
Legislation Cited: Service and Execution of Process Act 1992 (Cth)
Uniform Civil Procedure Rules (2005), rr 25.19, 25.20
Cases Cited: Aristoc Industries Pty Ltd v R A Wenham (Builders) Pty Ltd [1965] NSWR 581
BIS Cleanaway (trading as CHEP) v Tatale [2007] NSWSC 378
Bunnings Group Ltd v CHEP Australia Ltd (2011) 82 NSWLR 420; [2011] NSWCA 342
Doulton Potteries Ltd v Bronotte [1971] 1 NSWLR 591
Texts Cited: Practice Note SC Gen 13
Category: Procedural rulings Parties: Proceedings 2022/00198268
CHEP Australia Ltd (Applicant)
SAS Towing Pty Ltd (Respondent)Proceedings 2022/00198269
CHEP Australia Ltd (Applicant)
Logan Cold Storage Pty Ltd (Respondent)Proceedings 2022/00198315
CHEP Australia Ltd (Applicant)
A.Elmir Group Pty Ltd (Respondent)Proceedings 2022/00198336
CHEP Australia Ltd (Applicant)
Grasscourt Investments Pty Ltd (Respondent)Proceedings 2022/00198373
CHEP Australia Ltd (Applicant)
Fig Hug Pty Ltd (Respondent)Proceedings 2022/00198387
CHEP Australia Ltd (Applicant)
Paul Muscat (Respondent)Proceedings 2022/00198404
CHEP Australia Ltd (Applicant)
Jacob Ryan trading as Chill Refrigerated Courier (Respondent)Proceedings 2022/00198432
Proceedings 2022/00210680
CHEP Australia Ltd (Applicant)
Sea World Import & Export Pty Ltd (CAN 065 725 037) atf The Tan & Khor Family Trust trading as Tans Seafood Supplies (Respondent)
CHEP Australia Ltd (Applicant)
Menai Variety Discounts Pty Ltd (Respondent)Representation: Counsel:
All proceedings
T Morahan (Applicant)
Respondents ex parteSolicitors:
All proceedings
Mason Parkes Law (Applicant)
File Number(s): 2022/00198268; 2022/00198269; 2022/00198315; 2022/00198336; 2022/00198373; 2022/00198387; 2022/00198404; 2022/00198432; 2022/00210680
JUDGMENT
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These reasons are concerned with equivalent applications by the plaintiff, CHEP Australia Ltd (CHEP), in nine separate proceedings. Each of the proceedings was commenced by a summons filed by CHEP on 7 July 2022. The nine proceedings are, by their File Numbers and Case Titles:
2022/00198268 – CHEP Australia Limited v SAS Towing Pty Ltd
2022/00198269 – CHEP Australia Limited v Logan Cold Storage Pty Ltd
2022/00198315 – CHEP Australia Limited v A.Elmir Group Pty Ltd
2022/00198336 – CHEP Australia Limited v Grasscourt Investments Pty Ltd
2022/00198373 – CHEP Australia Limited v Fig Hug Pty Ltd
2022/00198387 – CHEP Australia Limited v Paul Muscat
2022/00198404 – CHEP Australia Limited v Jacob Ryan trading as Chill Refrigerated Courier
2022/00198432 – CHEP Australia Limited v Sea World Import & Export Pty Ltd (CAN 065 725 037) atf The Tan & Khor Family Trust trading as Tans Seafood Supplies
2022/00210680…
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- [2022] NSWSC 1145
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CaseChat Overview and Summary
The Court considered the arguments presented by CHEP Australia Ltd and the respondents. It found that equity did indeed have jurisdiction to order the return of specific chattels when a black market was involved and the supply chain was disrupted. The Court recognised that damages alone would not adequately address the nationwide issues caused by the illicit trade in CHEP pallets. Consequently, the Court granted the two-stage search orders, which would allow for the identification and subsequent removal of the illicit pallets from the market. This decision was based on the need to protect the legitimate business interests of CHEP Australia Ltd and to mitigate the broader economic impact of the black market on the supply chain.
In light of the findings, the Court issued the sought interim preservation and search orders, allowing CHEP Australia Ltd to take the necessary steps to address the black market in pallets. The Court's decision acknowledged the urgency of the situation and the potential for significant harm if the illicit trade were not halted. The orders provided CHEP Australia Ltd with the tools to identify and remove the illicit pallets from the market, as well as to recover specific chattels that had been wrongfully taken. This ruling demonstrated the Court's willingness to intervene in complex commercial disputes where the public interest is at stake.
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