NSW Lost box by shipping agent

[Rob Sol]

Hi there,

I recently had some personal belongings shipped over in a large box from the UK to Sydney by a well know shipping agent, but they have since lost the box after it cleared customs.

They have acknowledged that they have lost it, but do I have any right to claim or take legal action if I didn't take out insurance?

Thanks

 

[Tim W]

Bit hard to say, without knowing all the facts and back story.

However, you can be fairly certain that somewhere in the contract you signed,
perhaps is very small print, there will be some sort of clause about
"all care but no responsibility".
That clause tends to all but rule-out your prospects of successfully suing the agent.

As to the not insuring - that was your choice, and the loss is therefore on your own head.

 

[Rob Sol]

HI,

thanks for the reply. I didn't take out insurance as it was just personal items like photos which don't have a monetary value.

How about the fact that they were negligent and haven't performed as advertised?

I guess it boils down to the small print. I wonder if that small print worded in the UK is applicable in Australia.

 

[Tim W]

How about the fact that they were negligent and haven't performed as advertised?

Denying you a cause of action on that basis
is what the "all care but no responsibility" thing is about.

I guess it boils down to the small print.

Well, yes.

I wonder if that small print worded in the UK is applicable in Australia.

Shipping Contracts of this type almost always include a thing called a Choice Of Law clause to handle this aspect.