Banking on the House: Freight Forwarder Bills of Lading and the Cro Case

Abstract

This article reviews the ramifications of Cro Travel Pty Ltd v Australia Capital Financial Management ("CRO"), a decision of the New South Wales Court of Appeal handed down in July 2018 which has ramifications for the liabilities of freight forwarders. It summarises the factors which bear on whether the role of a forwarder in a given transaction has been that of agent or principal. It reviews the consequences of the issuing of house bills of lading by forwarders. The article explains the key issues that arose in CRO, and the outcomes in that case. Remarks are made about the potential implications of the case for freight forwarders and their documentation management.