Suva Rubber Stamp Company v A.M. Satterthwaite & Co. Ltd [1983] FijiLawRp 2; [1983] 29 FLR 1 (25 March 1983)

[1983] 29 FLR 1

COURT OF APPEAL OF FIJI

Civil Jurisdiction

SUVA RUBBER STAMP COMPANY

v

A. M. SATTERTHWAITE & CO. LTD.

Gould, V. P., Speight, J. A., Quilliam, J. A.

25 March 1983

Contract - accepted Bills dishonoured-action for goods sold and delivered - Nature of C.I.F. Contract - delivery in respect thereof satisfied by delivery of documents - this is the measure of buyer's right - documents can be rejected if late - by paying buyer not precluded from rejecting goods if on examination they are not in accordance with the contract.

G. P. Lala for appellant.
D. Williams for the Respondent.

Appeal from a decision of the supreme Court dated 29 October 1982 wherein judgment was given for the respondent (plaintiff) against the appellant (defendant) for NZ$398,405 for goods sold and delivered. The facts were mostly agreed and included:

Plaintiff is a New Zealand Company, defendant a firm carrying on business in Suva.

In 1974 - 1975 plaintiff agreed to sell and defendant to buy 4.1 tonnes of printed paper at £535 per tonne C.I.F. Suva to be shipped to Suva Fiji terms 60 day term Bill and 90 day term Bill both at 8% p.a. through the Bank of New Zealand Suva.

The facts then were listed in the court's reasons for Judgment thus:

l. On the 15th January, 1975, the goods were shipped aboard the MV "Neder Lek" at London for carriage to Suva in 14 bales marked SRA SUVA FIJI (which marks also appeared in the Bill of Lading). The defendant's marks are "SRS SUVA FIJI".

2. The ship arrived at Suva on the 12th March, 1975.

3. Invoices and shipping documents were sent by the plaintiff to their bank (the A.N.Z.) in Suva which received them on the 1st April, 1975; they were sent to the defendant's bank (B.N.Z.) Suva on the 2nd April, 1975.

4. By reason of the Bills of Exchange accompanying the other documents having been drawn in sterling instead of New Zealand currency they were returned to the A.N.Z. Bank; amended Bills were sent from Auckland and received by A.N.Z. Bank Suva on the 14th April, 1975. They were forwarded (date unspecified) to B.N.Z. Suva and presented to the defendant on the 23rd April, 1975. The two bills were term bills in accordance with the contract.

5. The defendant signed the acceptance and took possession of the documents, which included the relevant Bill of Lading and insurance policy, on the 24th April, 1975.