New boats direct/leisure freight and import?

[ric]

Hi all,

Does anyone have any information about new boats direct/leisure freight and import? I paid over 10k back in february for a magic tilt trailer, and now they dont respond to emails and their phone is off the hook?

Service has been disgusting to say the least, with empty promises to return calls and continual 'delays' or excuses.

If someone has any information it would be much appreciated!

Thanks, Ric

[snapperdan]

im very sorry to hear that mate.

. Can you even confirm if your trailer was ever ordered or did they just take your cash.

[ric]

They 'claim' the trailer is complete and sitting in the US - But i have not recieved any proof of that. Im actually glad this has happened as i was looking at importing a pair of 150's and this has scared me away from importing all together!

[bugman]

Ric,
I had some similar problems with that company in terms of no contact after money was paid.
I did receive my Magic Tilt trailer eventually but it took a long time. One thing they do, is use a consignment freight deal which means they will only ship when the right cargo ship comes around with the room for a cheap container. I was promised 6-8 weeks and it took nearly 8 months for my CORRECT (long story) trailer to arrive.
Let me know how you go as I have some other contact details you may want.
Brett

[ric]

Thanks for the replies and to the ausfish member i spoke to today.
Finally got through to the director of the company who claims the trailer is comlete and sitting in the US. I will see how it goes as i'm meant to recieve documentation for shipping tomorrow...

When i get a free moment, i will post up some actual figures for importing etc, and my experiences.

[ric]

Recieved an email from magic tilt in the US, they tell me my trailer is sitting in their yard but its a dual axle not triple. It has NOT been paid for and they are unable to get in contact with leisure freight and marine for payment.
Again, no one is answering phones, and emails i was promised to recieve this morning never came.

[New Boats Direct]

Hi All

Our profound apologies for the mix up on these two trailers. They were ordered by a staff member directly with Magic Tilt whom promptly left the next day. I received two invoices from Magic Tilt - both for cat boats. Both were for dual axles - the one for Ric above had been ordered with a 10% deposit which we are returning to him (Rob had organised for him to receive photos of the trailer once it was built before he would pay for it) and the second trailer was supposed to be a Tri Axle - not a Dual Axle. A Tri Axle was ordered but Magic Tilt built a dual axle which didn't match the order - hence we didn't pay for it and were asking Magic Tilt whom the Dual Axle was for. Again this has been resolved and a Tri xle has been organised.

As to the issue with having contact with our office, my deepest apologies. We have been short staffed since Rob left however I am very pleased to advise that Rachael has just started with us this week and is looking after our customer service - so we can now provide our customer service levels including our online tracking of your trailer order, shipping and delivery that we have been so well known for in the past. We have delivered over 1100 trailers to the Australian Market over the last 18 months.

We have had a tough 6 months. We commenced our own independent charter shipping as Sevenstar was unable to provide us with a ship for almost 7 months last year. When we cancelled our 7 month old bookings with Sevenstar (Spliethoff Transport BV) they sued us for dead freight in September 2012. I am very happy to advise that we won the case and this now affects the shipping of all boats across the world and other cargo.
Read more about this at this link:
http://www.leisurefreightandimport.com.au/Media-Release-May-2013.pdf

When a global shipping company takes you on to crush you and stop you from competing with them in a segment of the market they have dominated as a monoploy for many many years - they pull out all the stops. This has set case law around the world and means customers cannot be charged dead feight when they haven't performed and you want to cancel your booking contract with them.

So - no we haven't gone bankrupt - not even close. We are very committed to our business and our next independant shipping leaves the USA on the 6th and 7th June 2013.

I am happy to answer any questions from anyone about any of this.
Yours sincerely
Di Lyons
Leisure Freight & Import Pty Ltd

[New Boats Direct]

Hi Brett

See my post below re Sevenstar Spliethoff Transport BV. This explains the delay. We don;t deal with them anymore.

Di
Leisure Frright & Import Pty Ltd

[ric]

It's always good to see when a company is willing to come onto a public forum and explain mistakes and make appologies, hopefully everything moves smoothly now.

[The facts]

Hello all

Thecontents of the Press Release from Messrs. Leisure Freight and Import Pty Ltdconcerning the Court Case Spliethoff Transport BV v Leisure Freight and ImportPty Ltd [2013] FCCA 27 are inaccurate. Unfortunately Messrs. Leisure Freightand Import Pty Ltd failed to report that the Court awarded the Carrier damagesin respect of their cancellation of one contract of carriage and that LeisureFreight was forced to abandon its cross-claim for alleged damages of $21,850.00 , with costs payable to the Carrier. In hisjudgment, Judge Raphael awarded Spliethoff Transport B.V. damages in the amountof USD 27,500.00 and interest of USD 1,602.54 as a result of Messrs. LeisureFreight’s cancellation of the contract of carriage for the yacht “ Kool Breeze”and somewhat arbitrarily found an implied contractual period of one month forthe Carrier to ship yachts consequently dismissing the Carrier’s claimfor damages in respect of the cancellation of the contracts of carriage for theyachts “ No Hurry” and “Almost Paradise”. Such dismissal came as surprise tothe Carrier since Messrs. Leisure Freight and Import Pty Ltd failed to providesupportive evidence to the Court for their allegation that time was of theessence of the contract.

In additionto the above we must also report that Messrs. Leisure Freight and Import PtyLtd is failing to pay the damages of USD 29,102.54 awarded by the Court toSpliethoff Transport B.V.

[ozynorts]

Just when you though this thread was gone it starts to get interesting. ^^^^^^^

[Just one of the Boys]

Oh Dear.

Looks like this will continue. Interesting, as you say ozy, that it is being played out on this forum.


.

[solemandownunder]

Hello all

Thecontents of the Press Release from Messrs. Leisure Freight and Import Pty Ltdconcerning the Court Case Spliethoff Transport BV v Leisure Freight and ImportPty Ltd [2013] FCCA 27 are inaccurate. Unfortunately Messrs. Leisure Freightand Import Pty Ltd failed to report that the Court awarded the Carrier damagesin respect of their cancellation of one contract of carriage and that LeisureFreight was forced to abandon its cross-claim for alleged damages of $21,850.00 , with costs payable to the Carrier. In hisjudgment, Judge Raphael awarded Spliethoff Transport B.V. damages in the amountof USD 27,500.00 and interest of USD 1,602.54 as a result of Messrs. LeisureFreight’s cancellation of the contract of carriage for the yacht “ Kool Breeze”and somewhat arbitrarily found an implied contractual period of one month forthe Carrier to ship yachts consequently dismissing the Carrier’s claimfor damages in respect of the cancellation of the contracts of carriage for theyachts “ No Hurry” and “Almost Paradise”. Such dismissal came as surprise tothe Carrier since Messrs. Leisure Freight and Import Pty Ltd failed to providesupportive evidence to the Court for their allegation that time was of theessence of the contract.

In additionto the above we must also report that Messrs. Leisure Freight and Import PtyLtd is failing to pay the damages of USD 29,102.54 awarded by the Court toSpliethoff Transport B.V.









OK...so just WHAT is the truth here ::) Leisure Freight & Imports' version or THIS one :-?

Ray & Kerri.

[ric]

OK...so just WHAT is the truth here ::) Leisure Freight & Imports' version or THIS one :-?

Ray & Kerri.
First things first..... I just want my dam trailer! In a couple of days it will be 4 months since i paid in full.

[Justin Rossiter]

Seems to me that New Boats and The Facts might want to keep this sort of stuff off an Internet Forum. Not a good image for either company, and very frustrating for Ric.

[solemandownunder]

First things first..... I just want my dam trailer! In a couple of days it will be 4 months since i paid in full.

Dont blame you M8, but I also see that Leisure are saying you only paid a 10% deposit and that they are refunding that to you....::)::)::)

You say $10,000 paid in full....THEY say 10% deposit ::)::)::)

Maybe I am reading this all wrong, but that is how it looks to me and THAT is why I am asking the questions...is all :-?

Ray.

[ric]

Dont blame you M8, but I also see that Leisure are saying you only paid a 10% deposit and that they are refunding that to you....::)::)::)

You say $10,000 paid in full....THEY say 10% deposit ::)::)::)

Maybe I am reading this all wrong, but that is how it looks to me and THAT is why I am asking the questions...is all :-?

Ray.

All paid in full in early feb. have reciept now from them stating i have paid in full. Have not had a refund or money returned to me at all. - i still want the trailer and havent gone down the path to fetch my money back yet. They claim the trailer will be on the june 6th/7th boat to aus. A couple more sleeps will dictate my next move.
Im not sure who they were referring to, even though they said me, it most certainly isn't!

Ric

[solemandownunder]

All paid in full in early feb. have reciept now from them stating i have paid in full. Have not had a refund or money returned to me at all. - i still want the trailer and havent gone down the path to fetch my money back yet. They claim the trailer will be on the june 6th/7th boat to aus. A couple more sleeps will dictate my next move.
Im not sure who they were referring to, even though they said me, it most certainly isn't!

Ric

and now you may see why I was asking questions Ric...NOT of you...but of THEM ;)

[ric]

No new news at the moment. Still waiting to receive solid confirmation that the trailer is on the ship.

Have had a number of members PM their stories and dealings with this company too. hmm

[The facts]

I have been advised the following. "

"That a statutory demand has been served on Leisure Freight on 11 June2013.
Underthe statutory demand, Leisure Freight has until 2 July 2013 to pay the judgmentdebt"

[Muddy Toes]

I think 'The Facts' is my new favorite member..............

Such a sneaky little dark horse bringing the facts to the people..........

Come and see me one day son and I'll promote you to 00 status.

[thelump]

I think 'The Facts' is my new favorite member..............

Such a sneaky little dark horse bringing the facts to the people..........

Come and see me one day son and I'll promote you to 00 status.

Maybe we could ask him who all these alter egos really are!

[Boat Hog]

Yes Indeed.

So member "New Boats Direct" aka

Di Lyons
Leisure Freight & Import Pty Ltd

What's going on ....... and remember;
93783

[ric]

It's now been 10 days since my trailer was meant to be shipped. I still haven't received confirmation or even photos of the trailer as a tri axle. (they sent me photos of a dual axle?) i call at least 3 times a day. One staff member (who i wont name) told me to 'give them a break, a lot has been happening'.
I guess I need to apologise for calling so much- a paying customer is last priority obviously.

Ric

[dogsbody]

The facts are, customer service is up the pooper.
Best of luck Ric

[Muddy Toes]

It's now been 10 days since my trailer was meant to be shipped. I still haven't received confirmation or even photos of the trailer as a tri axle. (they sent me photos of a dual axle?) i call at least 3 times a day. One staff member (who i wont name) told me to 'give them a break, a lot has been happening'.
I guess I need to apologise for calling so much- a paying customer is last priority obviously.

Ric

Oh for heavens sake Ric, the last thing this department needs is people calling demanding goods they have already paid for. Of all people you should know that businesses run on more than happy customers and a good reputation...............how on Earth am I going to explain this one.......you've really done it this time Ric, don't be surprised if you're stood down pending investigation, your ego has always been your downfall.

[Justin Rossiter]

Thats gold Muddy Toes!!!

[thelump]

Busy day in the Pilbarra!

[Muddy Toes]

You know it!!! Typing up training programs (apparently).

But when you were reading it you used the Judi Dench voice didn't ya?

[The facts]

The leisure freight website is a good looking website. It shows the contact details for all their offices around Australia.The whole operation is run from a house in the suburb of Thornlands QLD 4164 and all the contact numbers for all the offices around Australia are simply Skype numbers. Fools quite a lot of people to think the are dealing with a large company with offices Australia wide.

[ozynorts]

The leisure freight website is a good looking website. It shows the contact details for all their offices around Australia.The whole operation is run from a house in the suburb of Thornlands QLD 4164 and all the contact numbers for all the offices around Australia are simply Skype numbers. Fools quite a lot of people to think the are dealing with a large company with offices Australia wide.

And you are??????????????????????????????????????????????? ????

[Shark Poker]

Good Evening,
While I enjoyed the replies on this post, can you imagine what our USA readers are thinking?
This started off as Bad, then became Interesting, so we Celebrate with jokes!
I am on your side, but they must be thinking "What the?"
Any comment, Di?

[Spaniard_King]

And you are??????????????????????????????????????????????? ????

The fact is he joined AF to make comment on this post "ONLY"

[ozynorts]

The fact is he joined AF to make comment on this post "ONLY"

I am guessing "the facts" is some way connected to the shipping company. After offering a counter argument to the post by Leisure Freight then proceeded to start offering opinions on the place of business and asserting they are trying to deceive them all without once revealing his/her identity. At least Leisure Freight put a name to their post. What ever we all think about this saga the fact is that one of the parties clearly stated who they were and the other hasn't.

[solemandownunder]

The fact is he joined AF to make comment on this post "ONLY"

Gary the point remains none the less...just WHO is telling the truth here.....even Leisure Freight have screwed up their OWN admissions here by basically calling the OP a liar.

THEY said Ric only paid a 10% deposit...and that THAT deposit was being returned to him as we speak...NO such confirmation either from Leisure OR Ric.

Ric claims ......PAID IN FULL.....and I believe THAT much at least.

NOW....."the facts" drops in and reports on the actually allegations & ramifications that Leisure face.

THIS IS NOT THE POINT !!!!!!!!!!!!!!!!!!!!

The point IS....RIC is out of pocket $10,000.....with NO-ONE OWNING UP !!!!!!!

Screw "the facts" and its' agenda.....WHEN WILL RIC Be compensated.....ONE WAY...OR ANOTHER ??????????????

Leisure are VERY demur in EVERYTHING they do as a so-called business, so it would seem.

and THAT....is the point here.

This, of course is OMO, BUT, a very STRONG one, UNTIL irrefutable evidence is forthcoming....ONE way...or the other !

Ray.

[Muddy Toes]

Alright.............so obviously using pictorial diagrams to more emphasize ones point to a higher degree is becoming a thorn in someone's side so words will have to do from this point forward.
I would have really liked to use a Sherlock Holmes picture here but we'll see how this pans out before I go asking for a reprieve.

From my reasoning, that is only based on what has been said here is that the shipping line mentioned in The Facts first post isn't the person behind all of this. Spliethoff Transport are Netherlands largest shipowners, a multi-billion outfit that would hardly be interested in burying a small Australian company on an internet forum. The courts have obviously awarded them damages if The Fact's first post is correct giving them no reason to use petty tactics this early on in the piece.
The statutory demand mentioned in his last post to my reasoning has been issued by Spliethoff Transport but The Facts is not affiliated with this company.
1. The Facts is an Ausfish member's alter ego. Someone here that is owed money or service from NBD/LFI but is foolish enough to try and bury them on a personal level after Spliethoff issued NBD/LFi with a statutory demand. Not a very smart move given the fact that it's less than a month until NBD/LFI have to cough up or dispute the statutory demand in court.The Facts seems to obviously be in to boating enough to use NBD/LFI services to import a boat or trailer but not enough to post comments on any other part of this forum? A bit strange don't you think? My guess is that this alter ego is meant to be his voice on this thread and this thread only.

2. It's a direct competitor to NBD/LFI. An Australian company that has a vested interest in turning people away from their competitor. Someone in the industry that has good enough relationships with other importers, carriers and shipping agent to find out the inside gossip on a case in progress. One of those 'don't tell anyone, but...................' kind of scenarios. Even if this is the case my money is still on them being an existing Ausfish member. Too convenient that they just suddenly popped up to join in on this thread, they must have know that NBD/LFI are advertisers here on Ausfish and a very convenient way to bury them in front of a very large prospective client base.
An existing Ausfish member?
An Australian boat builder?
An Australian company that imports boats too that are Ausfish members from Portsea in Victoria?

Who knows..........just PM me with the truth buddy, your secret is safe with me ;)

[ric]

I originally posted up here for information because for over a month, i was unable to contact leisure freight, after phones off the hook, messages left and emails sent.

I eventually found another number which became reliable in contacting them, but the end result is still no trailer. Was promised 6 week turnaround when i handed over my money.

Yes i did pay (actually a little over 12k not 10 i just rounded it down) for the trailer back on the 7th of feb.

I know who you are all talkig about with regards to 10% deposits and other people with refunds. - they have contacted me and shall remain private unless they wish to speak up.
I have a reciept showing i have paid in full.
I have all correspondance via emails.
I have phone records showing over 100 calls to leisure freight.
If i could show incoming calls, i could show you that in 5 months i have recieved 1 phone call from leisure freight.

Ric

[Muddy Toes]

I'll hand it to ya buddy...............you're a damn sight more patient than I am!!!!

Best of luck mate.

[New Boats Direct]

Hi Ric

As you know we have spoken several times. Yes you did pay for your trailer - the other dual axle cat trailer owner paid only a 10% deposit and yes I did return this customer's deposit when I figured out whom was whom.

Yes I had 2 dual axle trailers - as you know - not a tri axle which is what you ordered - but in Magic Tilt's wisdom they decided your trailer was too small to be a tri axle and built it as a dual axle but didn't tell me. Remembering your trailer was a custom build from drawings. Go figure? First time it has ever happened that they have over-ruled an order from us and changed the spec - but they were working from your drawings so I guess they thought they were building you a better trailer. They build for ove 10,000 models and have been around for 30 years - but hey - what do they know right? This having happened didn't help the confusion as you also know.

Despite this I asked Magic Tilt to upgrade it to a tri axle as you also know.

I am a bit over the word "bankrupt" in the heading of this post. I have explained the situation. I am sure the Ausfish members are over it and to be honest I consider you using this word when you know it isn't the case is pretty much defamation. Now - have I complained and run you down? No I have copped it on the chin. But my good nature is wearing thin. Given we are NOT bankrupt and therefore this is not true, that it has been posted to all the members on this forum which is pretty popular thanks to the good work of Steve - basically it does meet the burden of Defamation. The remedy is a heartfelt retraction and apology from yourself for using this word in your post. Now I could ask Steve to take it down - but I guess I will run up another hour of my lawyers fees and ask him what he thinks I should do.

Considering this is where you seem to want to communicate with me, how about I send you back your money and we call it quits?

Yep - and I have no problem with using my name at all. I know a bunch of you anyway. You have fished in my Glacier Bay 3480 and World Cat 320EC - so you know where I live and work from.

Oh and for "The Facts" we do have a 1800 number - 1800 752 661. And we do have people that work for us across Australia in the Ports and we even have a full time coordinator in Los Angeles and have done for the last 3 years.

Di Lyons
NewBoatsDIRECT
A Division of Leisure Freight & Import Pty Ltd

[New Boats Direct]

Hello all

Thecontents of the Press Release from Messrs. Leisure Freight and Import Pty Ltdconcerning the Court Case Spliethoff Transport BV v Leisure Freight and ImportPty Ltd [2013] FCCA 27 are inaccurate. Unfortunately Messrs. Leisure Freightand Import Pty Ltd failed to report that the Court awarded the Carrier damagesin respect of their cancellation of one contract of carriage and that LeisureFreight was forced to abandon its cross-claim for alleged damages of $21,850.00 , with costs payable to the Carrier. In hisjudgment, Judge Raphael awarded Spliethoff Transport B.V. damages in the amountof USD 27,500.00 and interest of USD 1,602.54 as a result of Messrs. LeisureFreight’s cancellation of the contract of carriage for the yacht “ Kool Breeze”and somewhat arbitrarily found an implied contractual period of one month forthe Carrier to ship yachts consequently dismissing the Carrier’s claimfor damages in respect of the cancellation of the contracts of carriage for theyachts “ No Hurry” and “Almost Paradise”. Such dismissal came as surprise tothe Carrier since Messrs. Leisure Freight and Import Pty Ltd failed to providesupportive evidence to the Court for their allegation that time was of theessence of the contract.

In additionto the above we must also report that Messrs. Leisure Freight and Import PtyLtd is failing to pay the damages of USD 29,102.54 awarded by the Court toSpliethoff Transport B.V.






Hi "The Facts"

Okay so I think everyone pretty much has your number.

Yep you have given yourself away with your post name. So given how uninformed you are - you also don't know that I am a Uni qualified programmer and I have your email address, identity, street address and whom you work for. And yes to all of you that are itnerested - "The Facts" is a competitor of mine. Thanks for that. We all leave a footprint on the internet - as they say. Clearly "the facts" you don't know much about technology or the law.

So okay - you want everyone to know "the facts". Well hey read the Judges actual summation below from the court case for those of you having a slow nite tonight - you can read the whole thing for yourselves if you want. My actual press release written by a PR firm had a link to it.

Justice Raphael:


In summary, the only solid evidence before me that the applicant was seeking to provide a time for the shipment of “No Hurry” and “Almost Paradise” appears in the emails from its agent relating to the delays it was experiencing, sent mid-July 2012, and in the eventual offer of the BBC Maple Lotta at the end of July 2012 for shipment in August.
I believe the second issue can be dealt with rather summarily because whilst the time for compliance within the reasonable time passed, and this constituted repudiation which brought the contract to an end, it was not accepted by the respondent. Indeed, the conduct of the respondent, at least at first, affirmed the contract. The emails between 25 May and 5 June relating to the extra insurance required for the yachts indicate that the respondent was at that time treating the contract as being on foot. This extension of the insurance constituted the affirmation of the contracts. However, if the date of issue of the extended policies, 11 June 2012, is taken as the date of reaffirmation, and the next offer of a vessel came in effect on 31 July, a month and a half later, a second repudiation had occurred. I am therefore of the opinion that the purported cancellation of the contract on 1 August 2012 was valid.
The authorities suggest that in circumstances where one party affirms a contract following breach of a fundamental term, or condition, any later claim for damages may be affected by this course of action: see Suisse Atlantique Société d’Armement Maritime SA v NV Rotterdamsche Kolen Centrale [1967] 1 AC 361 (http://www.austlii.edu.au/cgi-bin/LawCite?cit=%5b1967%5d%201%20AC%20361?stem=0&synonyms=0&query=leisure%20freight), which involved a charterparty and the demurrage clause which had been repeatedly breached throughout the existence of the charterparty. However, as the cross-claim has been abandoned such questions need not be considered in any great depth here.
What is apparent from the above is that I am of the opinion that the further delays after http://www.austlii.edu.au/images/displeft.png Leisure Freight http://www.austlii.edu.au/images/dispright.png (http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCCA/2013/27.html?stem=0&synonyms=0&query=leisure%20freight#disp23)’s affirmation of the contract in June again constituted repudiation. Indeed, it seems to me that the factual scenario presents itself is far more akin to that described by Fullager J in Carr v Berriman (1953) 89 CLR 311, as cited by Brennan J in Laurinda in the extract at [54] of these reasons, that the applicant was not going to perform its contractual obligation to nominate a vessel unless or until it was convenient to it to do so. It is apparent from the emails sent by Sevenstar that the applicant would only perform the term as to the shipment date when it had sufficient base cargo to make a voyage from the United States to Australia financially viable. I believe that this evinced a clear intention on the part of the applicant that it would only perform its contractual obligation when it suited it. The result being that such performance would be substantially inconsistent with its contractual obligations. Consequently, I am satisfied that http://www.austlii.edu.au/images/displeft.png Leisure Freight http://www.austlii.edu.au/images/dispright.png (http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCCA/2013/27.html?stem=0&synonyms=0&query=leisure%20freight#disp24)’s purported cancellation was valid.
There may also be force in an argument that http://www.austlii.edu.au/images/displeft.png Leisure Freight http://www.austlii.edu.au/images/dispright.png (http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCCA/2013/27.html?stem=0&synonyms=0&query=leisure%20freight#disp25) was entitled to terminate on the grounds that the representations made on 27 July 2012 and then on 31 July 2012 as to the availability of a forthcoming vessel were not made honestly. The words of Lord Denning in The Mihalis Angelos [at 194], again come to mind that:

“If [the ship owner] or his agent breaks that [estimated loading] term by making the statement without any honest belief in its truth or without any reasonable grounds for it, he must take the consequences. It is at lowest a misrepresentation which entitles the other party to rescind: and at highest a breach of contract which goes to the root of the matter.”

It is interesting to note that The Mihalis Angelos also stands for the proposition that a purported termination will be valid if there was a valid reason for the termination, even if that was not the reason given. Here, the reason given for termination was delay, and I have found that to be the case, however, it may be that misrepresentation could have equally founded the notice of termination. Ms Lyons testified that by that time she simply didn’t believe that the applicant would supply a vessel. Indeed, evidence was tendered to suggest that on 18 August the BBC Africa was in fact due in Houston and not in Palm Beach, although the estimated date for arrival of the BBC Africa was given on 31 July as 12 August 2012. That the estimated arrival was revised to 17 August on 8 August 2012, and then revised again to 24 August only on 23 August, appears to me to be irrelevant given that the purported cancellation occurred on 1 August 2012. But it does indicate that the respondent’s feelings about the applicant’s ability to provide shipment were correct.
I have found that the contract was repudiated by the applicant’s delay as at the end of July 2012 and that, in consequence, the respondent did not repudiate the contract through its purported cancellation of the contracts as the applicant alleged. The termination of the contracts in respect of the shipment of the “No Hurry” and of the “Almost Paradise” were, to the contrary, valid.

Costs


The applicant commenced these proceedings seeking damages for breach of contract in respect of the freight of three yachts. I have found in its favour in respect of the freight of one yacht, albeit at a considerably lesser sum than that claimed. I have found that the respondent’s rescission of the contract in respect of the other two yachts was valid and that therefore no freightage is payable. I believe that these findings should be reflected in the award of costs. However, it seems to me that the way in which the case was argued by the parties would make it difficult for a taxing officer to distinguish between the work done in respect of each vessel. I am of the view that subject only to there being an argument raised as a result of calderbank letters being sent or other matters which would bring the question of costs within Order 23 of the Federal Court Rules, for which purpose I will stay my orders for seven days, that the most appropriate order in this case is that each side should pay its own costs.

I certify that the preceding seventy-nine (79) paragraphs are a true copy of the reasons for judgment of Judge Raphael


If you suffer from insomnia - here is the link to the actual Judgement which is a public document by the way - unlike the what "the facts" has written to all of you above:
http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCCA/2013/27.html?stem=0&synonyms=0&query=leisure%20freight

Now - this isn't over. There will be another installment very soon. Not that I think this is the right forum for it - but hey - I didn't start it - not here - not in court - but I will finish it. Belive me.

And yep - here is my name again in case you missed the bunch of other times

Di Lyons
NewBoatsDIRECT
A Division of Leisure Freight & Import Pty Ltd
Toll Free 1800 752 661

[New Boats Direct]

And you are??????????????????????????????????????????????? ????

I know whom it is

Di Lyons
NewBoatsDIRECT
A Division of Leisure Freight & Import Pty Ltd

[New Boats Direct]

The leisure freight website is a good looking website. It shows the contact details for all their offices around Australia.The whole operation is run from a house in the suburb of Thornlands QLD 4164 and all the contact numbers for all the offices around Australia are simply Skype numbers. Fools quite a lot of people to think the are dealing with a large company with offices Australia wide.

Hey Thanks "The facts"

I built it myself actually.

Like I said I am a programmer.

Di Lyons
NewBoatsDIRECT
A Division of Leisure Freight & Import Pty Ltd

[Tailortaker]

Hi Ric

As you know we have spoken several times. Yes you did pay for your trailer - the other dual axle cat trailer owner paid only a 10% deposit and yes I did return this customer's deposit when I figured out whom was whom.

Yes I had 2 dual axle trailers - as you know - not a tri axle which is what you ordered - but in Magic Tilt's wisdom they decided your trailer was too small to be a tri axle and built it as a dual axle but didn't tell me. Remembering your trailer was a custom build from drawings. Go figure? First time it has ever happened that they have over-ruled an order from us and changed the spec - but they were working from your drawings so I guess they thought they were building you a better trailer. They build for ove 10,000 models and have been around for 30 years - but hey - what do they know right? This having happened didn't help the confusion as you also know.

Despite this I asked Magic Tilt to upgrade it to a tri axle as you also know.

I am a bit over the word "bankrupt" in the heading of this post. I have explained the situation. I am sure the Ausfish members are over it and to be honest I consider you using this word when you know it isn't the case is pretty much defamation. Now - have I complained and run you down? No I have copped it on the chin. But my good nature is wearing thin. Given we are NOT bankrupt and therefore this is not true, that it has been posted to all the members on this forum which is pretty popular thanks to the good work of Steve - basically it does meet the burden of Defamation. The remedy is a heartfelt retraction and apology from yourself for using this word in your post. Now I could ask Steve to take it down - but I guess I will run up another hour of my lawyers fees and ask him what he thinks I should do.

Considering this is where you seem to want to communicate with me, how about I send you back your money and we call it quits?

Yep - and I have no problem with using my name at all. I know a bunch of you anyway. You have fished in my Glacier Bay 3480 and World Cat 320EC - so you know where I live and work from.

Oh and for "The Facts" we do have a 1800 number - 1800 752 661. And we do have people that work for us across Australia in the Ports and we even have a full time coordinator in Los Angeles and have done for the last 3 years.

Di Lyons
NewBoatsDIRECT
A Division of Leisure Freight & Import Pty Ltd

Wow what a great way to drum up business ! How about Just supplying the trailer that was ordered and payed for instead of carrying on like a pork chop !

[ozynorts]

Di, kudo's to you for your spirited defence.
At least you are not hiding behind a screen name.

And in case anyone was wondering, no I don't have any affiliation with any of the people involved in either side of this situation. I am only commenting on what has been written on this forum.
cheers
Haydn

[Muddy Toes]

Is the use of the word 'bankrupt' used as part of an inquiry, as in a person was asking a question or was is used as a direct defamatory insinuation towards the company?

The fact that it's followed by a question mark makes it used in the structure of a sentence doesn't it? With no implication.

If this is worth an hour of your lawyers time or a heartfelt retraction and apology then don't you think this sounds very petty to a group or perspective clients you advertise to? The title itself, and the words used probably went unnoticed to a lot of people up until now it's been put in the spot light. A tiny piece of this puzzle that I have no doubt has had a miniscule effect on your business compared to your response to it.

There are a lot of parts of this story that don't add up......unless of course......8-)

[New Boats Direct]

Is the use of the word 'bankrupt' used as part of an inquiry, as in a person was asking a question or was is used as a direct defamatory insinuation towards the company?

The fact that it's followed by a question mark makes it used in the structure of a sentence doesn't it? With no implication.

If this is worth an hour of your lawyers time or a heartfelt retraction and apology then don't you think this sounds very petty to a group or perspective clients you advertise to? The title itself, and the words used probably went unnoticed to a lot of people up until now it's been put in the spot light. A tiny piece of this puzzle that I have no doubt has had a miniscule effect on your business compared to your response to it.

There are a lot of parts of this story that don't add up......unless of course......8-)

Hi Muddy Toes

You prove the old proverb that "you can't please everyone".

A lot has been said here about me and my company. You all seem to be very interested. Hence I gave you the info. I have done my best under extremely difficult circumstances. If its not good enough for you or anyone else for that matter - well I guess there isn't much more I can do.

How would you respond if it was your business being written about here? I am guessing you would feel the same as I do - I would rather stick needles in my eyes. But hey - thats me.

As far as promoting my business - I can think of a thousand ways I would rather do it than responding to the stuff here. But like I said - I didn't start it here - I didn't start it in court - I am just responding to it.

As far as bringing attention to it - considering the phone calls I get about this post - I don't think I am out of line responding to it and indeed there is an expectation on forums that when customers complain about you - you should respond.

I have done my best to sort a difficult situation. I am not perfect and don't claim to be. I am not a huge business - but a small one operating in very difficult times.

Di

PS. Lawyers always charge you for an hour and take that long to discuss anything. At least that's my experience.

[New Boats Direct]

Wow what a great way to drum up business ! How about Just supplying the trailer that was ordered and payed for instead of carrying on like a pork chop !

Hi Tailortaker

Been trying to do just that.

Like I said - can think of a thousand ways I would rather promote my business than here.

Di

[Muddy Toes]

Look, this isn't my fight nor do I have any involvement with any party. I'm just making statements from what I have read on this post and what I read in your comment seemed to be like a petty dig at a time where one would think your priorities would be more aligned to conflict resolution in the name of business improvement rather than the childish retaliation I just read.

At the end of the day it's your business and you promote it as you see fit but from the perspective of someone that has imported and will do so again the way this has been handled has left a bitter taste in my mouth, obviously not your intention at such a critical time but my initial reaction none the less.

[New Boats Direct]

Good Evening,
While I enjoyed the replies on this post, can you imagine what our USA readers are thinking?
This started off as Bad, then became Interesting, so we Celebrate with jokes!
I am on your side, but they must be thinking "What the?"
Any comment, Di?

Hi FatBuoy

Yep have commented. And got more comments back.

Our USA readers don't usually get our jokes. LOL I lived there for 5 years so know how the yanks view things. I have enjoyed the pics.

This is not being disrespectful to Ric. I understand he is frsutrated and share his frustration. Have you ever tried to fix something and everything you do turns to $h!t. Thats about where I am at with this trailer. I hate the number "13" and can't wait until this year is over.

Di

[New Boats Direct]

Look, this isn't my fight nor do I have any involvement with any party. I'm just making statements from what I have read on this post and what I read in your comment seemed to be like a petty dig at a time where one would think your priorities would be more aligned to conflict resolution in the name of business improvement rather than the childish retaliation I just read.

At the end of the day it's your business and you promote it as you see fit but from the perspective of someone that has imported and will do so again the way this has been handled has left a bitter taste in my mouth, obviously not your intention at such a critical time but my initial reaction none the less.

Muddy Toes

Hey I get it believe me.

Doing my best. Thats all I can do at the end of the day.

Di

[ric]

Di,

when you posted up apologising for the mix ups and what had happened, I returned post complementing you on coming forward on the forum and admitting what had happened - also hoping this to run more smoothly from then on.

I am more than happy to have the 'title' of the thread changed from asking whether your company is bankrupt or not. but remember - for over a month I was unable to gain contact with your company and that's why I came onto this forum to ask the question. If your company maintained contact with me, I would never of come onto this forum seeking information on a company I can't get in contact with after paying 12 thousand dollars upfront in February.

I am meerly posting up my experiences with dealing with you and the staff who work for you.
My Trailer was meant to be shipped on the 6th/7th of June. it is now the 18th of June, I have been begging for some sort of confirmation of the trailer being completed, or some sort of shipping documentation that it is even being prepped for loading. You have never supplied me with any of this.

All I am after is a little bit of honesty.

Nothing I would rather more than to eat my words on this forum and the trailer turn up as you said.

I never intended to communicate with you on a public forum with our issues, but again, I will call tomorrow as usual, leave a message for you to call me back.

[ric]

Hi Mr ausfish Moderator,

Leisure freight has asked if I could change my thread name about asking if they are bankrupt or not. I am happy to oblige.

Can you please remove the word 'bankrupt' from the thread?

Ric

[Justin Rossiter]

As I said on the 4/6/13, both companies should keep this off an internet forum.

As for New Boats Direct, if you have time to log on to a forum and respond to multiple posts, then why can't you pick up the phone to take a phone call, it will be quicker, try it with a stopwatch and let me know the results. No one forced you to reply on this forum and stop being concerned about your business reputation, it appears you managed to stuff that up all by yourself. All Ric wanted was a few answers, which you still have not provided, and now the bloke has to remove the word bankrupt from the thread name, why would/should he do that ? It has question mark at the end of the title which means he is asking a question not making a statement........

[dogsbody]

Just something to ponder over...... you know, in case anyone is so inclined

Customer service
From Wikipedia, the free encyclopedia
Customer service is the provision of service to customers before, during and after a purchase. According to Turban et al. (2002),[1] "Customer service is a series of activities designed to enhance the level of customer satisfaction – that is, the feeling that a product or service has met the customer expectation."

[Shark Poker]

Any trader should know that a client who has paid in full, has not rec delivery, and can not get thru to communicate with you for a month, is going to be dangerous.

May we simplify things, into one simple pleasant question?

How is the trailer going?

[solemandownunder]

Just something to ponder over...... you know, in case anyone is so inclined

Customer service
From Wikipedia, the free encyclopedia
Customer service is the provision of service to customers before, during and after a purchase. According to Turban et al. (2002),[1] "Customer service is a series of activities designed to enhance the level of customer satisfaction – that is, the feeling that a product or service has met the customer expectation."

I not only LIKE....but agree wholeheartedly DB 8-)

Have put "Customer Service" in bold to highlight & emphasize the IMPORTANCE of this now seemingly DEFUNCT commodity :)

Ray.

[Muddy Toes]

So was I right with my guess of who The Facts is?

[thelump]

So was I right with my guess of who The Facts is?

Must be the new shirt!

[ozynorts]

So was I right with my guess of who The Facts is?

be wery wery qwiet, i'm hunting wabbitts

[Muddy Toes]

I'm chalking this one up unless told otherwise..............

[New Boats Direct]

As I said on the 4/6/13, both companies should keep this off an internet forum.

As for New Boats Direct, if you have time to log on to a forum and respond to multiple posts, then why can't you pick up the phone to take a phone call, it will be quicker, try it with a stopwatch and let me know the results. No one forced you to reply on this forum and stop being concerned about your business reputation, it appears you managed to stuff that up all by yourself. All Ric wanted was a few answers, which you still have not provided, and now the bloke has to remove the word bankrupt from the thread name, why would/should he do that ? It has question mark at the end of the title which means he is asking a question not making a statement........

Justin

I couldn't agree more. Yep done an all nighter.

Di

[New Boats Direct]

Just something to ponder over...... you know, in case anyone is so inclined

Customer service
From Wikipedia, the free encyclopedia
Customer service is the provision of service to customers before, during and after a purchase. According to Turban et al. (2002),[1] "Customer service is a series of activities designed to enhance the level of customer satisfaction – that is, the feeling that a product or service has met the customer expectation."

Hi Dogsbody

Yep that's the way its supposed to work.

Di

[New Boats Direct]

Any trader should know that a client who has paid in full, has not rec delivery, and can not get thru to communicate with you for a month, is going to be dangerous.

May we simplify things, into one simple pleasant question?

How is the trailer going?

Hi FatBuoy

It left the USA on the 10th June 2012. Got the confirmation late last nite.

Di

[New Boats Direct]

So was I right with my guess of who The Facts is?

Hi Muddy Toes

Yes you were correct. "The Facts" is a nasty shipping competitor of mine. Guess I must be a real threat huh?

Yep I know I am spending time on here Justin - but spoke to Ric yeaterday morning - and will most likely hear from him today too and thought I would pop in and see what else you have all had to say.

Di

[New Boats Direct]

be wery wery qwiet, i'm hunting wabbitts

LOL - Yep big viscious wabbits. Hope you manage to bag it.

Di

[Boat Hog]

Hi FatBuoy

It left the USA on the 10th June 2012. Got the confirmation late last nite.

Di

So it left the USA 9 days ago? You only just confirmed that ....... Seriously Ma'am, you have problems communicating with everyone?!

[New Boats Direct]

So it left the USA 9 days ago? You only just confirmed that ....... Seriously Ma'am, you have problems communicating with everyone?!

Hi FatBuoy

Even though I know it was loaded on the ship - I like to wait for the confirmation from the Line which can take a week or more as they do the Manifest against the Load Master's Reports. So then I can say difinitively that it was loaded and left on the ship. Belive me - it is worse when you say it loaded and then find out from the Line once they do the Manifest that for some reason it didn't load.

Welcome to the world of shipping!

What are you doing up so early?

Di

[New Boats Direct]

Even though I know it was loaded on the ship - I like to wait for the confirmation from the Line which can take a week or more as they do the Manifest against the Load Master's Reports. So then I can say difinitively that it was loaded and left on the ship. Belive me - it is worse when you say it loaded and then find out from the Line once they do the Manifest that for some reason it didn't load.

Welcome to the world of shipping!

What are you doing up so early?

Di

Sorry late nite - should have been Hi Boat Hog

Can't keep up with all your names....

[Apollo]

Ric

I hope you just get your trailer, it is ok and you can get out on the water and start to erase this whole dam mess. You certainly have been screwed around big time.

All the best
Steve

[ric]

Ric

I hope you just get your trailer, it is ok and you can get out on the water and start to erase this whole dam mess. You certainly have been screwed around big time.

All the best
Steve

Yep, i've got a 7.5m (8.2 loa)plate alloy cat i built for the last 12 months ready to go on the trailer for fitout and engines.

[WalrusLike]

In the time honoured way of Internet forums, having failed at running a business myself, I now consider myself a subject matter expert in all things business related. :)

So....

I am glad it appears to be on its way to you Ric. I feel sorry for you with your bad experience.

But I also feel sorry for Di. She may, or may not, have stuffed up in her handling of it, but it appears that she has got a difficult situation to deal with and is trying to resolve it.

She at least has courage of her convictions and appears to be transparently straight foreword in her dealings with it. I could be wrong.

Just saying... good luck to both parties. Her business is probably a difficult one.

I have never had dealings or knowledge of any parties involved.


(Using Tapatalk on iPhone so can't easily 'thank' or 'like')

[Jarrah Jack]

So it left the USA 9 days ago? You only just confirmed that ....... Seriously Ma'am, you have problems communicating with everyone?!

9 days and 1 year.

Hoggy isn't fat, he eats well though.

Di Its really two calls you should've made. The first when they said it was loaded and the second when it was confirmed by the manifest. So many problems can be fixed by simple communication as you're trying to do now.

Customers can be a forgiving bunch so long as they feel they're not being bullshitted to or left hung out to dry.

[New Boats Direct]

9 days and 1 year.

Hoggy isn't fat, he eats well though.

Di Its really two calls you should've made. The first when they said it was loaded and the second when it was confirmed by the manifest. So many problems can be fixed by simple communication as you're trying to do now.

Customers can be a forgiving bunch so long as they feel they're not being bullshitted to or left hung out to dry.

Hi Jarrah Jack

Ok - gees - for the record - I did tell Ric he had been loaded in the phone calls since it was loaded but with the caveat to Ric that I wanted to wait for the confirmation from the line.

Guys really....

.... Di :-X

[jmwarner]

Well I have to say this was a good read. Reminds me of a certain thread of a manufacturer and client up north that was not impressed with his finished product. Anyone know what happened to that?

[New Boats Direct]

Well I have to say this was a good read. Reminds me of a certain thread of a manufacturer and client up north that was not impressed with his finished product. Anyone know what happened to that?

LOL Classic!

Well I know this - the trtailers are very swanky - so that won't be an issue.

Di

[Boat Hog]

Fat Buoy ha ha ..... Might have to get up even earlier now to do a bit more exercise! ::);D

What you should try to understand Miss Di is that to us boating and fishing tragic types, when we order a new boat, trailer, motor or even a rod or reel - barring personal tragedy, that is the most important thing on our minds! To the seller or supplier of shipping services it may be only one of many transactions taking place but to us it is what we lie awake at night and think about, the photos in the ad that we look at several times a day as we dream of how it's all going to be when it gets here - on or about the scheduled/advised delivery time. So, if you want to succeed in the boating game you need to be contactable and to communicate with the customer because to them it is a very very very important transaction.

Cheers,

[Shark Poker]

Hi Jim,
Why are you directing that comment to me? Like Di in the previous page you got some names mixed up??

[Muddy Toes]

My god.............

[ozynorts]

Yes my son........

[Boat Hog]

Hi Jim,
Why are you directing that comment to me? Like Di in the previous page you got some names mixed up??

It was a reply to Di calling me FatBuoy .....

[Muddy Toes]

It's the whole madmackeral welding thing again........

[cobiaman]

It's the whole madmackeral welding thing again........

Bring on the weldoff!!!!

[Boat Hog]

I love a good welding ...

[lee8sec]

Where's Mr facts gone?. The truth came out & he left :o
Sad it had to end up on here but hopefully its close to been resolved for Ric.

[Shark Poker]

Ok, weld-off, fine.
Question is, will we be modifying an off spec imported trailer during the event?
Or could we please direct our attention back to ---------------------> Rics' Missing Trailer ??

[ric]

Emailed recieved from leisure freight this morning at 5:38am. Trailer is due to arrive on the 8th of August. All shipping details provided.

[New Boats Direct]

Emailed recieved from leisure freight this morning at 5:38am. Trailer is due to arrive on the 8th of August. All shipping details provided.

Hi All

Here are photos of Rics Gorgeous Tri Axle Trailer on its way to him!

9397793978

Di

[New Boats Direct]

Ok, weld-off, fine.
Question is, will we be modifying an off spec imported trailer during the event?
Or could we please direct our attention back to ---------------------> Rics' Missing Trailer ??

No you won't be touching this trailer!

They are fully compliant to Aussie standards. We do the Safety Certificate on them. We are RVCS Licencees:
http://rvcs-prodweb.dot.gov.au/AppDoc/21Mar2011200507.HTML
Di

[Dicktracey]

Well I have to say this was a good read. Reminds me of a certain thread of a manufacturer and client up north that was not impressed with his finished product. Anyone know what happened to that?
The manufacturer learnt nothing about customer service through the whole ordeal,That's a different thread though if anything it is a lesson to all what not to do when confronted with a customer service situation :)
Glad this one has ended well for all.
Dick

[bigjimg]

Bring on the weldoff!!!!
Weldoff,Weldoff......Isn't that a salad of some description??

Nice looking trailers and looks to be plenty of them.
Glad to see there is going to be a positive outcome.
Jim.

[ric]

Bring on the weldoff!!!!
Weldoff,Weldoff......Isn't that a salad of some description??

Nice looking trailers and looks to be plenty of them.
Glad to see there is going to be a positive outcome.
Jim.

I think this thread will lay dormant till the first week of August when the trailer is scheduled to arrive..

[Captain Seaweed]

I'm looking forward to hearing all about it.

[The facts]

I would bet money that Ric will not get his trailer on the date promised.

[Justin Rossiter]

The facts

Re: New boats direct/leisure freight and import?
I would bet money that Ric will not get his trailer on the date promised.

::)

J

[Kato77]

I know a few mates that have been burnt by Leisure Freight recently just quietly. They had to pay their freight twice before they could get their boats off the wharf.

Anyway - heres hoping it turns up Ric.. The Magic Tilts are the duck nuts..

[dogsbody]

I would bet money that Ric will not get his trailer on the date promised.

I'm sure you'll see to that right? How long's this vendetta gonna go for?

[Captain Seaweed]

What ship is the trailer on you can track it by the net Ric

[jamesmcjim]

hi ric
if that trailer is atm of 8.5ton i think i think that tow hitch may not be right?

[Jarrah Jack]

I would bet money that Ric will not get his trailer on the date promised.

If you want to be taken seriously then start posting on other topics. You've obviously got an agenda here and whether your right or wrong doesn't matter as you have gained no respect by only posting negative comments on the one thread.

If you know a bit about the industry then start helping people out, its what the forum is for.

[Captain Seaweed]

I have no problem with "The Facts"...he/she is trying to maintain anonymity. He/she wants to help shed some light but cant say too much otherwise a cover may be blown. I think its time to see the media!!!

[Captain Seaweed]

What a great business opportunity for someone though!!!

[Kato77]

What ship is the trailer on you can track it by the net Ric

Yeah there's a good site call marinetraffic.com for memory. Just need the ship's name..

[Jarrah Jack]

The problem is that Portsea Marine aka The Facts is a leech himself!!!!!


If he's wrong and the trailer is onboard he'll have to change his name to The BS.

[wave dancer]

Hey Marty stop giving business ideas out mate :idea: . I hear there just might be a new player in the game early next year :thumbup:. You may know the bloke and I believe he runs a company that has something to do with containers. lol :-*

Cheers Mick. :beer::beer::beer:

[Captain Seaweed]

plenty of business for you mate!!!

[ric]

Recieved email that the trailer is definately on the James River bridge then transfers trans-ship Triumph. Set to arrive 8th of august brisbane.
Was told that customs/clearance takes 1-2 days(expect 2 days), so i should be able to take delivery on the 11th of august.

[ric]

hi ric
if that trailer is atm of 8.5ton i think i think that tow hitch may not be right?
3.5t atm mate.

[Kato77]

Recieved email that the trailer is definately on the James River bridge then transfers trans-ship Triumph. Set to arrive 8th of august brisbane.
Was told that customs/clearance takes 1-2 days(expect 2 days), so i should be able to take delivery on the 11th of august.

Hey Ric,

Your trailer must be sitting in Asia somewhere by now if it's being transhipped.

The clearance should be pretty quick - i got mine from the US through a mate and he had it cleared the same day it came off the ship.

[ric]

Quick update - while i have reception...

I am yet to get the bill of laiding number from new boats direct. They have told me they recieve the number about 10 days before the trailer lands in aus.

I got some paperwork from them the other day, but the numbers provided did not turn out to supply me with any confirmation...

[The facts]

Hi Ric, That is simply not true, the bill of lading is issued immediately after the vessel sails. If the trailer is on the way you should be able to get a copy.

[tropicrows]

Dont agree with that, I had a bill of laiding number 1 week after the boat sailed from the US

[Muddy Toes]

I never received mine until it was a week from Australia.

[Kato77]

Just spoke to a mate who's in the know with shipping. He said it depends if you're dealing directly with the shipping line or a freight forwarder. If the freight forwarder is good at their job, you should have the details as soon as the ship sails the US.

[jmwarner]

I disagree with facts as well, I ship containers monthly from China (nothing to do with fishing) and the B/L is not always issued immediately depending on the shipper and clearing agents, i would also assume this would have been telex released because it is often safer because mail can go missing but if not it will need tome to be sent over (we lost originals once and it took over a year to clear up). Its not a lot to stress about, as long as you have it before it arrives so you don't get hit with port fees.

I could be completely wrong here but when we bring in LCL shipments rather than FCL they can take up to 7 days to clear because they have to be unpacked???

[Kato77]

Hi Mr ausfish Moderator,

Leisure freight has asked if I could change my thread name about asking if they are bankrupt or not. I am happy to oblige.

Can you please remove the word 'bankrupt' from the thread?

Ric

Might want to change this back Ric - there's a notice of winding up the company out now. :-[

Sorry - I got bored at work today...

[ozynorts]

Might want to change this back Ric - there's a notice of winding up the company out now.

Where is this notice? Is it in the public domain yet?

[ozynorts]

Ah just found it.
https://insolvencynotices.asic.gov.au/browsesearch-notices/notice-details/LEISURE-FREIGHT-AND-IMPORT-PTY-LTD-142865307/56fb2cc0-9840-49cf-920d-004c11403b4d?appointment=All&noticepurpose=All&noticestate=All&companyname=leisure+freight+and+import
The freight company (SPLIETHOFF TRANSPORT BV) that they fought the court case with is applying to get them wound up.

[Muddy Toes]

Honestly.....I could be the Nostradamus of Ausfish.

[ozynorts]

aren't you??????????????

[Justin Rossiter]

Hey Muddy when will the world end ?

[rosco1974]

when muddie catches a fish the world will end,where pretty safe there

[MrNanks]

I hope it goes alright for you Ric. It has been a long running crappy saga for you.
Good luck
Dave

[Jarrah Jack]

Muddy,, more like Quasimodo then Nostradamus. :)

[Lucky_Phill]

I thought he typed Nostril Dramas .... my bad !!!!

[bigjimg]

Okay I checked out the James River Bridge, she is on her way to Suez and will arrive there on the 4th Aug. So she has left Malaysia/Indo. I checked out the Triumph and there is a swag of similarly named ships all in that area, so will have to be specific with the name or the IMO. I also checked all the shipping schedules for AAT, DP World, Patrick and no Triumph in the berthing schedules. AAT would be the one to keep an eye on, DP World would be the next choice.
All the Triumph named ships in that part of the world were not destined for Aust. This is not to say one of them is the target. For example Triumph Posiedon, Triumph Ace, AsiaTriumph, Helio Triumph and lots more. I can keep an eye out for you if you wish. Jim

[Muddy Toes]

Surely I wasn't the only one that could see this coming given all the posts on here and the statutory demand that was in effect a few weeks ago and the due process's they go down when one is not met?

[WalrusLike]

That hearings in late August so trailer should be ok?


Sent from my iPad using Tapatalk HD

[Greg P]

Just about anyone can instigate a section 459 to wind up a company. Doesnt mean jackshit. I think the statutory min amount is $2000. We had some poxy crane hire mob issue one on us for a disputed invoice just to give them some leverage to wrap up quickly due to the bad name given through the industry when all the bean counters get their email alerts - quite a shock wave.

Best of luck Ric - should be good to get.

http://www.marinetraffic.com/ais/

[steven22]

hey there is recalls going on magic boat ???? trailershttp://www.recalls.gov.au/content/index.phtml/itemId/1047630

[ric]

Thanks everyone, I did know this was in the pipeline......... But who knows these days what u can and can't post of a forum ay?
I shall thank the nameless few who are helping me though.

[Muddy Toes]

So can Ric put ' Bankrupt' in the title again?

[bigjimg]

Ric, is your trailer still coming?? I have the 'Triumph' due to berth on 18th August at AAT, berth 1 at this stage. Give or take delays.
I hope everything pans out for you. Jim

[ric]

Ric, is your trailer still coming?? I have the 'Triumph' due to berth on 18th August at AAT, berth 1 at this stage. Give or take delays.
I hope everything pans out for you. Jim

I have been given the 8th of august as arrival date for triumph which leisure freight said they have confirmation the trailer was on. 8th is a thursday- so based on their info of two days for clearance/transport etc i should pick up on the 12th of august.

[ric]

hey there is recalls going on magic boat ???? trailershttp://www.recalls.gov.au/content/index.phtml/itemId/1047630

Slow down bud! there is only so much bad news a man can handle.

[Aussie123]

I would be waiting at the gate to collect it myself and not let anyone else go there with this situation unfolding.

[Triple]

http://img10.imageshack.us/img10/8077/pzw.gif (http://imageshack.us/photo/my-images/10/pzw.gif/)



(best of luck with it all Ric)

[Captain Seaweed]

So Ric,
Hows it travelling, have you got a copy of Billof Laiding yet? How is the ship travelling? I would like to compare trailers

Cheers
Marty

where are you located?

[ric]

So Ric,
Hows it travelling, have you got a copy of Billof Laiding yet? How is the ship travelling? I would like to compare trailers

Cheers
Marty

where are you located?

Hi captain

Back home safely now. Nothing i would love more than to have something to compare...
Last i spoke to leisure freight was they would let me know as soon as they have the bol. Have not heard anything since then.

[Captain Seaweed]

Must be getting excited mate!!! 1 day to go!!!!!

[ric]

Must be getting excited mate!!! 1 day to go!!!!!
Yep, well today is the day.
I havent recieved the valid Bol number yet and havent heard anything from leisure freight, so i guess everything must be on schedule- otherwise they would of called to alert me....
So monday i will be able to pick it up

[ric]

Yep, well today is the day.
I havent recieved the valid Bol number yet and havent heard anything from leisure freight, so i guess everything must be on schedule- otherwise they would of called to alert me....
So monday i will be able to pick it up
Maybe i should take a tilt tray on monday - so if the trailer isnt there i can still get something of 'equal or greater value' ..

That was a joke.....

[The facts]

Ric, The vessel Trimuph shows arrving Brisbane on the 18/08. if you get the bill of lading number it can be searched on the inbound manifest.

[ric]

Ric, The vessel Trimuph shows arrving Brisbane on the 18/08. if you get the bill of lading number it can be searched on the inbound manifest.

Thanks 'the facts'. I havent got a number that i have been able to use to confirm shipping yet. :(

[ric]

Hi Di Lyons,

If you read this can you PLEASE call me.

I have emailed all week including today for no reaponse, i called your office and left messages with your staff and you never called back. The phones arent answering at all now.
I just knocked on the front door of your house, there is a car in the driveway and the tv is on and noone answers the door.

Can you PLEASE call me and let me know if my trailer has arrived?

[Shark Poker]

Ric,
With all due respect, importers have to work different hours to you, and are not always available during daytime business hours (AEST).

It may be more beneficial to approach them during USA daytime while Di's office is more likely to be in operation. Yes that means the middle of the night here, but that at least that may give them a chance to communicate and 'assist with your enquiries'
If that is too hard for you at that time of night, can't you ask for someone to help you on your behalf?
Pauly

[Captain Seaweed]

had to delete my post, my passion got the better of me..

Nothing worse than seeing a local business screw locals ...
Shame Derryn Shame.

Karma will do some arse kicking Ric!

I am sure of that!!!!

[ric]

Ric,
With all due respect, importers have to work different hours to you, and are not always available during daytime business hours (AEST).

It may be more beneficial to approach them during USA daytime while Di's office is more likely to be in operation. Yes that means the middle of the night here, but that at least that may give them a chance to communicate and 'assist with your enquiries'
If that is too hard for you at that time of night, can't you ask for someone to help you on your behalf?
Pauly

The staff tell me she is to busy to talk.

[ric]

Ric,
With all due respect, importers have to work different hours to you, and are not always available during daytime business hours (AEST).

It may be more beneficial to approach them during USA daytime while Di's office is more likely to be in operation. Yes that means the middle of the night here, but that at least that may give them a chance to communicate and 'assist with your enquiries'
If that is too hard for you at that time of night, can't you ask for someone to help you on your behalf?
Pauly

Visited her house again about 20 mins ago. No answer.

[ric]

had to delete my post, my passion got the better of me..

Nothing worse than seeing a local business screw locals ...
Shame Derryn Shame.

Karma will do some arse kicking Ric!

I am sure of that!!!!
I was quicker.... I got the pleasure of reading your unedited... Ummmm.. Rage...

[Boat Hog]

had to delete my post, my passion got the better of me..

Nothing worse than seeing a local business screw locals ...
Shame Derryn Shame.

Karma will do some arse kicking Ric!

I am sure of that!!!!

I liked the Freightliner bit! Sooooooooo ....... Okay to put Bankrupt? back into the Thread Heading or at least " Under Administration".

Ric, I feel awful for you mate. Best of luck.

[Greg P]

Someone takes my money for a product or service and wont talk to me I would not give two Flying Dutchman what time I was knocking on their door.

Hope it comes through Ric

[Captain Seaweed]

Dont be so silly Jim, she is loaded, just ask her and she will tell you!

[Captain Seaweed]

What makes it hard to believe.....

LF&I had a very very high level of respect in the industry for a few years. I have asked many people and all have said the same. Part of the reason I went with them, I vouched for them they were unreal to deal with. But what actually happened in the last 6 months is anyone's guess. I have spoken to many and the gossip is horrendous...I would love to hear the truth one day. Why did such a great business change the recipe that did so well? Anyone shed any light on it?

[Captain Seaweed]

Can anyone comment on here? Di says she knew Steve the owner of the site and so do some of the moderators It would be great to shed some light on it, what happened to a great local business?

[cobiaman]

Im not sure what happened but there should be a group action lawsuit against her thats for sure!

[Captain Seaweed]

I think you be crazy to think this isnt already underway Cobia man! just quietly

[Shark Poker]

I agree with those who do not 'agree' to my earlier post, but I wanted to put it out there that a late night knock on the door is a reasonable option, and one that would also need to be considered by a person hiding from complaints.
Pauly

[ric]

I agree with those who do not 'agree' to my earlier post, but I wanted to put it out there that a late night knock on the door is a reasonable option, and one that would also need to be considered by a person hiding from complaints.
Pauly
Mate, thats what i like about this forum. To put threads out there and get a wide variety of opinions. Thanks pauly.

[ric]

Can anyone comment on here? Di says she knew Steve the owner of the site and so do some of the moderators It would be great to shed some light on it, what happened to a great local business?

I think people are scared these days to sometimes post up in the fear of legal remifications.
I am one of those people.
But i do agree with you captain, it would be good to hear what has happened from others.

[solemandownunder]

This just goes from WORSE to WORSE......and the lying HERE on the forums by said Importer, PLUS hiding, with NO communication with the ABUSED client forthcomming :-?

Is there ANY other conclusion to be made ::) I think not....I have been wrong before....THIS time I do not think so :-?

Another thread shall now be "bumped".....PLEASE all of you, consider it 8-)

Ray & Kerri.

[Jarrah Jack]

I'll be in Brisbane soon. If this doesn't turn out well for Ric I'll be happy to attend a m&g in front of The place where Ric has been door knocking. Matter of fact I'll organize it providing Mad Mackeral can come, I like his ideas on these things.

[MrNanks]

Where are we meeting Ric ? I thought it was local to us Baysiders.

[ric]

Recieved email at 202am today.

Bottom line- trailer is still another 2 weeks away...

Thornlands mrnanks

[Captain Seaweed]

How can that be Ric?

[Dicktracey]

I think people are scared these days to sometimes post up in the fear of legal remifications.
I am one of those people.
But i do agree with you captain, it would be good to hear what has happened from others.

Never be afraid of telling the truth about your experience in regards to poor service .Believe me no solicitor can force you to remove a statement stating the facts! I know this for a Fact ;)

[WalrusLike]

Never be afraid of telling the truth about your experience in regards to poor service .Believe me no solicitor can force you to remove a statement stating the facts! I know this for a Fact ;)

Dick that's no doubt true.

But like everything legal it might cost you a lot of money to be proven right.

Don't want to distract from thread but caution in words is never a bad thing.


(Using Tapatalk on iPhone so can't easily 'thank' or 'like')

[morphias]

Never be afraid of telling the truth about your experience in regards to poor service .Believe me no solicitor can force you to remove a statement stating the facts! I know this for a Fact ;)

Absolutely correct! Been there, done that a number of times.

Got the dirty solicitor's letters and each time I invited them to provide evidence contrary to mine and politely told them to eat a d!ck! ;) Also told them the matter had already been raised the the relevant state's Office of Fair Trade and the ACCC.

Each time I never heard from them again.

Ben.

[ric]

How can that be Ric?

Cats got my tongue....

Di said she thinks its in japan and never made the trans ship. But doesnt know for sure yet.

So im a bit confused how a new 2 week deadline can be set when she doesnt know what happened to the trailer?

[thelump]

The only reason I disliked your post Ric was from what was happening to you. Not anything you have done. It amazes me that they can get away with not knowing who's stuff is where???? I thought that was their business?

[STUIE63]

If I was LFI I would be very worried this thread is very high on a google search

[Horse]

Ric, is the trailer insured. Perhaps if it goes missing you might be in a better position

[ric]

Ric, is the trailer insured. Perhaps if it goes missing you might be in a better position

Good thinking. Will do.

[ric]

Well i guess 'the facts' was right because he said it wouldnt be turning up as per the schedule i was given.

Thanks to all who have given me support and information relating to this.

I hope he doesnt mind me saying, but i have also been in contact with port sea marine, who has generously offered to assist me if i need. - thanks mate.

[MrNanks]

We all want to see the trailer under "YOUR " boat ASAP.

Nice work 'the facts '

Cheers

[WalrusLike]

It probably doesn't apply here... but you do have a claim of right if something is stolen....

http://www.ausfish.com.au/vforum/showthread.php?t=186795

Not saying theft involved here... but it makes you wonder if there are legal rights to recover equivalent worth in some way??


(Using Tapatalk on iPhone so can't easily 'thank' or 'like')

[The facts]

Hi Ric, If you call this company, Tenstar Yacht Transport in Sydney I am sure they can tell you exactly where your trailer is. Its is on a vessel called the Alderney that is arriving Tahiti tomorrow. LFAI would have known this on the 11/07 when the ship left West Palm Beach. Why you were not told this astounds me. Good luck

[Kato77]

Just a thought - Blue metal aggregate is about $70/MT these days.. someone might need a couple of tonnes for a new feature in their driveway??

[morphias]

Just a thought - Blue metal aggregate is about $70/MT these days.. someone might need a couple of tonnes for a new feature in their driveway??

Dump mulch is $5.50 per metre loaded and it stinks like hell! ;)

[mowerman]

Dump mulch is $5.50 per metre loaded and it stinks like hell! ;)

3 day old wet grass clippings? A trailer load.

Rod

.

[cobiaman]

Dump mulch is $5.50 per metre loaded and it stinks like hell! ;)

Ill chip in for that!

[Humdinger]

Just a heap of our old bait thrown all over the house sounds better

[bigjimg]

Triumph is due to berth on 17-08-13 @ 1700 hrs. She is in the North Pacific destination Brisbane and travelling at 15.6kts. She will be berthing at AAT wharf 2.If your trailer was reported to be on board what has changed, I would be getting all the ducks in a row ready to launch an attack.
Bloody hell I really hope you get the goods that were promised and payed for.
Jim

[Apollo]

Ric

I, like everyone on this forum, really hope your trailer is on that boat.

Best of luck and fingers crossed for you.

Steve

[Captain Seaweed]

Really need to check who is behind a company when importing, so many operators fly under many company names and sites I've discovered.

[ric]

Ric

I, like everyone on this forum, really hope your trailer is on that boat.

Best of luck and fingers crossed for you.

Steve
Thanks apollo,

More importantly, i hope i have at least taught or helped someone who may consider to import, a few things to watch out for.

[ric]

Really need to check who is behind a company when importing, so many operators fly under many company names and sites I've discovered.
Thats spot on captain.
Until you start digging, you just never know what you might uncover...

[Boat hog 2]

Do you think Di has forgotten her Ausfish password?

[ric]

Triumph is due to berth on 17-08-13 @ 1700 hrs. She is in the North Pacific destination Brisbane and travelling at 15.6kts. She will be berthing at AAT wharf 2.If your trailer was reported to be on board what has changed, I would be getting all the ducks in a row ready to launch an attack.
Bloody hell I really hope you get the goods that were promised and payed for.
Jim

Thanks Jim, but apparently it missed the triumph in japan from what i can gather.
The facts has been spot on so far, so hopefully it is on the alderney!!

[Axl]

Thanks apollo,

More importantly, i hope i have at least taught or helped someone who may consider to import, a few things to watch out for.


I am sure you have certainly helped others who might be thinking of importing something and whilst I sincerely hope you get the product you have paid for ric, had you have brought an Australian made product all of the stress and anguish you have suffered potentially could/would have been avoided.

[Boat hog 2]

I am sure you have certainly helped others who might be thinking of importing something and whilst I sincerely hope you get the product you have paid for ric, had you have brought an Australian made product all of the stress and anguish you have suffered potentially could/would have been avoided.

like the joint that was making his windows?

[Jarrah Jack]

Do you think Di has forgotten her Ausfish password?

I think she's wondering where it would be safe to move if that trailers not there.

[ozynorts]

What I would like to know is how does "the facts" knows where the trailer is and not the importer??? ric I really hope you get the trailer soon.

[Axl]

like the joint that was making his windows?

Went into liquidation from what I read in ric's post why I dont know, could it have been because to many people importing instead of buying Aussie made? We will never know I am only speculating, all I was syaing is Aussie made is the way to go and as I said earlier I sincerely hope you get the product you have paid for ric.

[cobiaman]

Went into liquidation from what I read in ric's post why I dont know, could it have been because to many people importing instead of buying Aussie made? We will never know I am only speculating, all I was syaing is Aussie made is the way to go and as I said earlier I sincerely hope you get the product you have paid for ric.

Aussie made might be the way to go but when its more than double the price, why would you bother?

[New Boats Direct]

Hi Ric and All

The few amongst you whom believe this forum is not for this purpose t- thank you.


However - Ric - as you decided to use Ausfish as Judge, Jury and Executioner - I went along with this to smoke out "The Facts" and he fell right in to his detriment. Not the "smartest tool in the shed".


I have served a court action on the "The Facts" and the case with this individual can actually be heard in Court in Brisbane as is appropriate in the next month. All the interested Ausfish Members are welcome to attend and hear both sides in the proper setting. Let me know and I will give you the Court Date, Time and Registry where it will be heard. I have requested that Criminal Charges also be considered by the Court.


No I am not going into liquidation as you will discover later this month and no I certainly have not applied for this.


After the Court hearing everyone can decide whom to deliver the dump mulch/3 day old grass clippings/manure/old bait/blue metal etc etc to.

Me or "The Facts".

Guys - really? Why aren't you out fishing? Its a beautiful day.


Di

LEISURE FREIGHT & IMPORT PTY LTD
Toll Free: 1800 752 661
www.leisurefreightandimport.com.au (http://www.leisurefreightandimport.com.au)

[Lucky_Phill]

Due to the somewhat ordinary posts in this thread, the legal action being undertaken and the whole sensitivity of this issue, I will lock this thread.

I will inform the Owner / Administrator and if my decision needs to be altered in any way, it will be.

If more info is sought by anyone in regard to this thread and issues contained within it, I suggest you contact the member by PM.

If and when a result is handed down by the appropriate authorities, this thread will be re-opened or a new one started.

In the mean time I hope all members of Ausfish whether directly related or not, to this issue, find the time to have a fish and enjoy our beautiful winter weather.

Regards

Lucky_Phill

Moderator Ausfish.