Court action begins over payment for imported tyres

Alan Peat IN A deal involving the importation of four containers of tyres from Argentina to a Cape Town based distributor, a British trader has started a court action against the Evergreen line and its agents, Green Africa, for releasing the tyres without the original bills of lading. The recipient, ATS of Cape Town - which was supposed to act on a cash against documents basis - has not paid for the goods, FTW was told, and a claim was lodged against the line and agents. "This contravenes the golden rule in international shipping," said Craig Cunningham of Findlay & Tait, the Cape Town office of Bowman Gilfillan, which is acting for WMT International of the UK. "This was standard carriage under a bill of lading and it's difficult to see the line and agents' attitude, and them refusing to pay up." The sum involved is more than R1-million. But, while Shepstone & Wylie, the lawyers for Evergreen and Green Africa, have not been empowered to talk to the press, and the agents have no comment on the issue, all will be revealed when the matter proceeds to trial.