ERA Legal recently acted for the liquidators of 1st Fleet Pty Limited (in liquidation) in obtaining a judgment in excess of $75,000 against a debtor of the company. In a claim that concerned a private carrier of freight, the Court was asked to decide whether the debtor could establish the defence of equitable set off against 1^st Fleet and whether 1^st Fleet’s private carrier exclusion clauses were a term of the agreement between the parties.

The Court found in favour of the liquidators on all counts, noting that even in the event that the debtor did establish an equitable set off, 1^st Fleet’s private carrier exclusion clauses would apply and exclude all liability for any loss allegedly suffered by the debtor.

For more information on this judgment please contact Blake O’Neill.