For NZX listed Move Logistics it was a New Year nightmare: one hundred containers of steel pipes imported from China stacked up at Port of Tauranga in early 2022 incurring demurrage and detention charges totalling $529,000 in part because the customer could not take delivery until after its holiday shutdown.
A three-way dispute followed over who should bear these increased costs.
Primary responsibility for importation lay with Bullocks Freightmasters International, a freight forwarding company based in Fremantle, Western Australia.
Bullocks engaged TNL International Ltd in New Zealand to handle importation through Tauranga, with TNL in turn subcontracting Move Logistics to deal with the final leg, shifting containers from the port.
The High Court was told the late start forced on Move Logistics had knock-on effects, leaving it unable to remove the last containers until mid-March.
Move Logistics and TNL International each claimed against the other: Move saying it was owed $250,000 because shipments did not arrive on dates promised; TNL saying Move was responsible for detention fees charged for late removal of containers from the Port. Each refused to pay invoices sent to the other.
In June 2023, each agreed to write off claims made against the other.
TNL then sued Bullocks Freightmasters, claiming the Australian freight-forwarder is liable for demurrage and detention costs.
Bullocks denies liability, stating Move Logistics should be the one to pay.
Move failed in its High Court application to have Bullocks claim struck out.
Associate Judge Taylor ruled Bullocks is entitled to its day in court, with its claim that Move Logistics’ negligence led to $529,000 increased port charges.
This negligence claim is yet to be heard.
The critical legal issue will be questions of ‘causation,’ Judge Taylor signalled; why was there a delay in moving containers from the Port?
TNL International Ltd v. Bullocks Freightmasters International Proprietary Co Ltd – High Court (20.05.25)
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