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ARTICLE · 06 MAY 2010

Professional Negligence: Liability of warehouse operators under the Customs Act

Cooper Grace Ward
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Pearce v Coynes Freight Management Group Pty Ltd [2010] FCA 320 (April 2010) A recent Federal Court decision concerned the liability of a warehouse operator to pay customs duty on imported goods. The court concluded the warehouse operator was liable to pay to Customs an amount in compensation for the duty that attached to the stolen goods

AustraliaLitigation, Mediation & Arbitration
Gillian Bristow
Gillian Bristow
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Pearce v Coynes Freight Management Group Pty Ltd [2010] FCA 320 (April 2010)

Coynes Freight Management Group (Coynes) operated two warehousing businesses. Armik Group Pty Ltd imported vodka from overseas and arranged for its storage at one of the warehouses that was licensed to store underbond goods. The importation of the vodka attracted customs duty. One week after importation, 849 cartons of vodka were stolen from the warehouse.

Pearce (a customs officer / collector), wrote to Coynes pursuant to s 35A(1) of the Customs Act 1901 seeking payment of approximately $216,000, being an amount equivalent to the duty that would have been payable if the goods were 'entered for home consumption' on the date of the letter, plus GST.

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