A JUDGE has described SDS An Post's special delivery service to 210 countries, as a "fancy name for parcel post" and "a marketing ploy." Judge Harvey Kenny held the company to have been negligent and reckless in the handling of an urgent delivery to the Czech Republic and awarded Blacktie Ltd, the formal wear hire and retail firm, almost £13 000 damages.
He heard that SDS, which accepted a rush delivery of garment designer labels from Blacktie to a Czech fashion producer, handed the package over for delivery to a competitor courier, DHL.
From then on the parcel had disappeared and winged its way around the world until it arrived back in Dublin five months later Judge Harvey said.
Mr Terry O'Sullivan, counsel for Blacktie Ltd, of Lower Baggot Street, told the court his client had ordered 4,500 formal wear suits from a Czech manufacturer.
Blacktie had been given an exclusive three-week manufacturing slot last January for a February delivery in time for the annual formal fashion wear shows such as wedding fairs. Prior to the factory starting work everything had to be in place down to the buttons and size labels. Blacktie had dispatched its labels via SDS last November 27th. They were declared lost on January 2nd and the order was not filled until June.
Blacktie's managing director, Mr Niall O'Farrell, said that as a result of Blacktie missing its exclusive production slot it missed out on formal dress provision for at least 54 weddings. There had been knock-on reductions in profits for the six months it was without the 1996 range of formal wear.
Had it not been for assurances given by SDS, his company could have initiated the provision of replacement labels and retained its earlier production slot.
Mr Tony Smyth, international director of SDS, told his company's counsel, Mr Dermot Manning, he could not say for certain what happened to the package.
He said SDS handled 7.5 million parcels a year, averaging 30,000 a night and doubling that figure around the Christmas period. He agreed with Judge Kenny that SDS was an extension of An Post's parcel post service but said SDS was much more than a marketing ploy.
The court heard the parcel was one of a number which had "become loose" during transit. It was eventually returned to SDS in Dublin last April.
Judge Kenny said he was satisfied SDS had been negligent and reckless in that it had failed to trace the package.
Awarding Blacktie Ltd general damages of £10,000 with £2,846 special damages for consequential loss, he granted Mr Manning, for SDS, a stay on his order in the event of an appeal to the High Court.