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extortion from china

 
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  • Answered by:Alex
  • Solicitor - Admitted 2005
  • Positive Feedback: 94.6 %
  • Accepted Answers: 12545
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in Australia Law

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Customer Question

im an importer a freight forwarder in china is holding my bills of lading and refuses to release my container unless i pay him black mail money ive tried everything to release the container which is now sitting on a sydney wharf at 200 a day charges, ive written to the consulate of china who are investigating in china with police and have registered a case with nsw police

 

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State/Territory: nsw

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letter to consulate of china to investigate the criminal. tried to ask shipping line to be reasonable. they said can do nothing without orig papers

Submitted: 283 days and 14 hours ago.
Category: Australia Law
Value: AU$84
Status: CLOSED
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Expert:  Alex replied 283 days and 14 hours ago.

So Australian Customs have already cleared the goods for entry into Australia, but the captain of the ship won't allow them to be released to you? Is that correct?

Customer replied 283 days and 14 hours ago.

hi goods arrived 2 weeks ago already cleared by australian customs and ive paid all fees gst duty delivery everything but this crook agent in china has the bills of lading which he demand s money for to release by telex the goods, it6 seems that there is nothing i can do as bills of lading are a powerful document

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Expert:  Alex replied 283 days and 13 hours ago.

Well the Bill of Lading is supposed to accompany the goods. So presumably it would be in Australia now, or at least it should be.

Have you tried speaking with the carrier to see if they will release the goods to you?

Customer replied 283 days and 13 hours ago.

ive tried with carrier here and also in china they are very adamant that the crook must release by telex the goods. as far as im concerned everybody has been paid but because a crook is trying to extort money im stuck. i asked the shipping line if i paid the black mail money and showed reciept would they release goods they said no. full info can be obtained from my agent anthoiny at summit global on 02 83374666. john

Accepted Answer

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Expert:  Alex replied 283 days and 13 hours ago.

Well, from the sounds of it, your only real option here is to apply for a Court order for the goods to be seized from the carrier and held in trust, pending the result of you suing the party in China that you bought the goods from.

Obviously you would need a lawyer to assist with this, but depending on where in New South Wales you reside I may be able to recommend a good solicitor who could help. Just let me know if you're interested.

If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.


Expert TypeSolicitor - Admitted 2005
Category: Australia Law
Pos. Feedback: 94.6 %
Accepts: 12546
Answered: 7/2/2012

Experience: I did my law degree at the University of Queensland

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Customer replied 283 days and 13 hours ago.

hi yes i live in granville nsw, actually the company who supplied the goods are good friends of mine as i have dealt with them for many years, it would be the crook who is acting as freight agent who is the culprit we canot identify him or his real name or address, but i would be interested in having court order to have it seized please suggest somebody who know s this maritime aspect thanks

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Expert:  Alex replied 283 days and 13 hours ago.

In that case I recommend you contact Stephen Amelio who can be reached on (02) 9806 7404. He should be able to assist you further with this. His background is litigation generally, not maritime law. But ultimately you will need a barrister to argue the application, and Stephen will know some who have a maritime law background.

If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.

 
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