Dragster Customer Terms and Conditions

1. Overview of Terms

Dragster is a network service provider that operates a software platform that connects you and a Carrier.

The Platform enables you to make a Booking Request for a Carrier and for a Carrier to accept that Booking Request and complete the Carrier Services.

Each Carrier is in the business of providing Carrier Services and has entered into a licence with Dragster to access and use the Platform in order to connect with you and other users of the Platform.

These Terms govern your use of the Platform including the Mobile Application and the Website, and forms a binding contractual agreement between you and Dragster, under which Dragster agrees to provide you with access to the Platform and you agree to the obligations in these Terms.

For that reason these Terms are important and you should ensure that the Terms are read carefully. By using the Platform you acknowledge and agree that you have had sufficient chance to read and understand the Terms and agrees to be bound by them. If you do not agree to the Terms, you must not use the Platform in any way.

To the extent that anything in these Terms is different to the content available on the Platform, the provisions of these Terms shall prevail.

Updates and amendments to these terms can be made at any time. Please check the latest version at the web site at Dragster.net.au.

2. Definitions

In these Terms:

Dragster or we or us means Dragster Pty Ltd.

Applicable Carrier means a specific carrier as requested in a Specific Booking Request.

Authorised Recipient means the person or company to whom the Consignment is to be delivered.

Authorised Sender means a person who is authorised to provide the Carrier with the Consignment at the pick-up address.

Booking means a booking placed by you through the Platform for the provision of the Carrier Services which has been processed by Dragster and communicated to the Carrier via the Platform and accepted by the Carrier.

Booking Request means a booking request made by you for a Carrier to provide the Carrier Services on the Platform in accordance with clause 6 of this document.

Carrier means the individual (including a person trading under a business name), partnership or entity approved by Dragster to use the Platform and includes any employee of such Carrier.

Carrier Services means the provision of services whereby a Carrier will pick up a Consignment from one location and will deliver to another location for a Customer pursuant to the Booking.

Consignment means the item or items which is/are carried by the Carrier in performing the Booking.

Delivery Fee means the amount inclusive of GST displayed on the Platform as being payable by you on completion of the Carrier Services pursuant to the Booking.

Dispute means a dispute, controversy or claim arising out of or in connection with these Terms.

GST means Goods and Services Tax pursuant to A New Tax System (Goods & Services Tax) Act 1999 (Cth) and the related imposition Act of the Commonwealth.

Intellectual Property Rights means all present and future rights anywhere in the world conferred by statute, common law or equity in or in relation to any copyright, trade marks, designs, patents, circuit layouts, business and domain names, inventions, confidential information, trade secrets and other resolts of intellectual activity in the industrial, commercial, scientific, literary or artistic fields.

Losses mean any and all actions, claims, proceedings, judgments, demands, liabilities, losses, costs (including reasonable legal costs), expenses, penalties, fines and damages which may be brought or awarded against Dragster or suffered, incurred or paid by Dragster (howsoever arising) in respect of, arising out of or in connection with the Carrier Services provided by that Carrier (or any of the Carriers’ employees or agents), a violation of any law by the Carrier, or a breach of the terms, conditions, covenants, warranties and representations (express or implied) contained in these Terms on the part of the Carrier (or any of the Carrier’s employees or agents) and include loss of data, interruption of business or any consequential or incidental damages.

Mobile Application means the apple or android application (or simply “app”) titled ‘Dragster’ owned by Dragster and distributed using Google Play service for Android devices and Apple AppStore for Apple devices.

Onboarding means the online registration process on the Platform.

Pick-Up Time means the time range at which the Consignment will be available for collection at the pick-up address.

Delivery Time means the time range at which the Consignment will be available for collection at the delivery address.

Platform means the suite of software applications including the Support that enables you to book a Carrier offered via the Mobile Application or the Website.

Specified Booking Request means a Booking Request made by a Customer that is offered to an Applicable Carrier.

Site Content means all material, content and information made available on the Platform and/or Dragster’ official social media accounts, including but not limited to feedback, reviews and ratings provided by you, users of the Platform or Website, any written text, graphics, images, photographs, logos, trademarks, audio material, video material and any other forms of expression.

Support means the technical support, resources and information, payment and maintenance services for the Platform and updates to the Platform software that Dragster may make generally available to you and the Carrier.

Terms means the terms and conditions set out in this document.

Tax means income tax, payroll tax, stamp duty, GST, superannuation and all other applicable taxes.

You or your means a person who uses and accesses the Platform, including any person who uses a User Account and makes a Booking Request.

User Account means a profile created on the Platform by you and includes your title, foll name, residential address, phone number and credit card details.

Website means the website at the domain name https://Dragster.net.au/ (or such other domain name as Dragster may use in relation to the Platform from time to time).

Service Area means an area on the map in which service is provided.

User Account means a record about client in service database. Users are identified by credentials, such as login and password. Users may have credit card numbers attached to their accounts, which Service will be using for making secure charges and payments.

Pre-paid Amount means the amount the system may charge you as a guarantee for the Carrier that the order is real.

Reserved Amount means the amount the system reserves in the Carrier’s account to cover the cost of damage or losses made during the transportation.

3. Terms of Use

3.1. Dragster grants to you a revocable, non-exclusive and non-transferrable licence to:

  1. use and access the Platform on your personal device solely for the permitted use of making Booking Requests on these Terms;
  2. view the Website and the Mobile Application;
  3. print pages from the Website and the Mobile Application in its original form; and
  4. download any material from the Website and Mobile Application for the purposes of using the Platform.

3.2. You acknowledge and agree that:

  1. Dragster does not employ the Carriers;
  2. Dragster does not offer to, or provide, perform or conduct Carrier Services nor does it act as an agent or broker for the Carrier;
  3. Dragster does not participate in the interaction between you and the Carrier except to the extent necessary to provide the Platform and the Support to facilitate the interaction, including invoicing and processing of the Delivery Fee on behalf of Carriers;
  4. the Carrier may personally perform the Carrier Service or engage another individual, company or employee of the Carrier to complete the Carrier Service;
  5. you enter into these Terms and use the Platform entirely at your own risk.

4. Overview of Terms

4.1. These Terms commence on the date you access and use the Platform, the Mobile Application and the Website.

4.2. Dragster periodically reviews the Terms and reserves the right to amend the Terms, without any notice to you, by updating this document. You should review this document, as available on the Website and Mobile Application (the version published on Website takes precedence, shoold the versions on these platforms differ), regolarly as any changes to the Terms take immediate effect from the date of the publication on the Website and Mobile Application. The continued access and use of the Platform constitutes your consent to be bound by these Terms, as amended from time to time.

4.3. These Terms continue in force unless and until terminated in accordance with these Terms.

5. User Account

5.1. To make a Booking Request on the Platform, you will need to set up a User Account. The phone number registered on your User Account be your username. The username and password are personal to you and are not transferable.

5.2. You are solely responsible for:

  1. maintaining the confidentiality of your password;
  2. all activities that happen under your User Account including if someone else uses your User Account. You should immediately notify us of any unauthorised use of your User Account.

5.3. You acknowledge and agree:

  1. that all information supplied by you in using the Platform (including details of a Consignment) is complete, up-to-date and accurate at all times;
  2. Dragster will not be liable to you in the event that any information provided by you is incomplete, inaccurate, misleading or fraudulent;
  3. unless expressly agreed by Dragster, you are limited to one User Account. No User Account may be created on behalf of or in order to impersonate another person; and
  4. Dragster may delete or block your User Account at its own discretion. Blocked users are prohibited from setting up a new User Account.

6. Service Rules

6.1. General rules

  1. You should be over 18 years old to use the Service and to place orders.
  2. You take foll responsibility for complying with Australian and State Laws in what comes to liability, transportation, and delivery.
  3. Under no circumstances you are allowed to order transferring forbidden, dangerous, or hazardous materials.
  4. Under no circumstances you are allowed to order delivery of goods, which are regulated under Australian and State Laws.

6.2. Order flow

  1. You must register into the system to make an order.
  2. You must nominate the cost estimate for the goods to deliver.
  3. You must provide your best estimate on the weight of the goods. Then you must select the corresponding options provided by the Service.
  4. You must select one of the provided time frame options and pick a time interval for the delivery.
  5. You must provide a valid payment information to make an order.
  6. Then you may request a delivery from one location to another or multiple locations.
  7. You must provide all necessary contacts of person involved in pick up and delivery.
  8. Once an order is completed, the system will reserve the amount in your account.
  9. System will find and propose a Carrier for you, if any is available.

6.3. Pick up roles

  1. Pickup location should be safe for the Carrier. If a Carrier finds it dangerous or impossible to fulfill the request, the delivery can be Cancelled, and reserved amount can be used folly or partially to pay the Carrier losses.
  2. In case of delays, Carrier will wait for 15 minutes with no penalties implied. Should you delay the Carrier for more than 15 minutes, Carrier can cancel the request at their discretion. The reserved amount will be used to compensate Carrier losses.
  3. Carrier may take photos of the good or even ask to show the content, should they have doubts about the safety and legality of the transaction.
  4. In case of a dispute or a conflict, please call Service Support or ask Carrier to do so.

6.4. Delivery roles

  1. Delivery location should be safe for the Carrier. If a Carrier finds it dangerous or impossible to fulfill the request, the delivery can be Cancelled, and reserved amount can be used folly or partially to pay the Carrier losses. The goods can then be ordered to be returned to the Pick-up address at an additional cost (standard Dragster prices for a chosen service). The Carrier can take up to 14 days to return the goods.
  2. Upon successful delivery, you must provide the code back to the Carrier (or a person who delivered goods on their behalf).

6.5. Notifications

  1. You will receive an SMS notification when your order is taken by a Carrier. The notification will contain contacts of the Carrier
  2. If you nominated another person for a receiving party, they will also be notified with details of the Booking and Carrier contacts.
  3. You will be notified of the arrival of the Consignment.

6.6. Penalties and fees related to roles

  1. Failure to pick up the Consignment within 15 minutes after the arrival may incur the penalty of $20 (twenty australian dollars). This role applies to each destination, shoold there be moltiple destinations specified in Booking, including the two-way delivery when the Carrier is obliged to return to the pick up location.
  2. False or misleading Booking will result in a fine of $10 (ten australian dollars).

6.7. Carrier may refuse to continue with the delivery in the following cases

  1. Booking does not have all the required details, which make conducting the delivery impossible of unreasonable, and it is impossible to obtain those details with reasonable efforts. Such details may include but not confined to, foll address, room number, level, and so on;
  2. Booking with no telephone or other meaningful contact details provided;
  3. Booking outside of Service coverage or your personal abilities to travel;
  4. Booking outside of time frames as defined in Service Booking requirements;
  5. Consignments with weights or dimensions, not satisfying Service Terms or/and not listed in the Platform (i.e. Service website and mobile application)

7. Payment

7.1. You agree that at the time of your first Booking, your credit card details will be transferred to Dragster’s secure payment gateway to be held on behalf of the Carrier.

7.2. By entering your credit card details on the Platform, you have given us, on behalf of the Carrier, express authorisation, to deduct the Delivery Fee and any costs incurred by us (or the Carrier), in recovering any unpaid Delivery Fees from you, including debt collection costs, commissions, legal fees and any out of pocket expense.

7.3. Upon completion of the Booking, Dragster, on behalf of the Carrier, will deduct the Delivery Fee from the credit card provided by you. You must ensure that sufficient funds are available for debit at that time. Fees and charges relating to insufficient funds at time of debit will be passed onto you.

7.4 Dragster reserves the right to retain any credit card details that you enter onto the Platform for the purposes of these Term, including but not limited to:

  1. processing any future payment of fees from you;
  2. processing any costs incurred by us (or the Carrier), in recovering any unpaid Delivery Fees;
  3. processing any additional fees or costs incurred by the Carrier due to incorrect information entered on the Platform by you;
  4. processing of any additional fees for a return trip made by a Carrier.

7.5 Nothing prevents us, on behalf of the Carrier, from taking any action necessary to recover any unpaid Delivery Fees.

8. Cancellations

8.1 Cancellation roles.

The following will occur if the Carrier is unable to fulfill a confirmed Booking (in foll or part):

  1. Booking does not have all the required details, which make conducting the delivery impossible of unreasonable, and it is impossible to obtain those details with reasonable efforts. Such details may include but not confined to, foll address, room number, level, and so on;
  2. Booking with no telephone or other meaningful contact details provided;
  3. Booking outside of Service coverage or your personal abilities to travel
  4. Booking outside of time frames as defined in Service Booking requirements;
  5. Consignments with weights or dimensions, not satisfying Service Terms or/and not listed in the Platform (i.e. Service website and mobile application)

9. Carrier Service and Complaints

9.1 Dragster does not make any representations, warranties or guarantees as to:

  1. the safety and delivery of the Consignment while it is in the Carrier’s possession;
  2. the Carrier’s ability to transport the Consignment;
  3. the manner in which the Carrier performs the Booking; or
  4. the Carrier’s qualification to transport Consignments. However each Carrier must complete the Onboarding process to receive access to the Platform and can be removed from using the Platform at any time.

9.2 Any issues or complaints regarding safety, quality, condition or description will be sent to Dragster through the Platform or to complaints@Dragster.net.au and the complaint or issue will be passed onto the Carrier that completed the Booking.

9.3 In the event that a Consignment is damaged in transit between the pick-up address and the drop-off address, you can submit a claim to the Carrier by sending the claim to us complaints@Dragster.net.au with the following:

  1. reference number that identifies a consignment;
  2. evidence that the Consignment was materially damaged or lost in transit between the pick-up address and the drop-off address;
  3. evidence that such damage or loss was due to a direct act or omission of a Carrier;
  4. evidence there has been no breach of these Terms by you; and
  5. the value will be taken from the consignment information.

9.4 We, on behalf of the Carrier, will investigate and process the claim.

9.5 If we are satisfied that the Carrier’s act or omission had caused the damage or loss then we will advance an amount up to $300 to the Carrier to cover the repair or replacement of the Consignment that was lost or damaged.

9.6 Pursuant to the terms of trade between the Carrier and Dragster, the Carrier will direct the amount covering the repair or replacement of the Consignment that was lost or damaged to you.

9.7 Any claims under this clause 9 must be made within 3 days of the earlier of the delivery or return of the Consignment, or when you first became aware of the loss or damage to the Consignment occurring.

9.8 Notwithstanding anything in these Terms Dragster is not responsible for any loss or damage caused to you as a result of you using the Platform to make a Booking or Booking Request.

10. Termination

10.1 Dragster may at its discretion terminate your use of, or access to, the Platform including your User Account at any time without prior notification if it considers that you have breached any aspect of these Terms.

10.2 If Dragster exercises its right of termination under this clause 10, you must not to sign up for another User Account and must cease using the Platform immediately.

10.3 If your use of the Platform is terminated:

  1. you will no longer be authorised to access the Platform or use any other services or products owned by Dragster;
  2. the phone number you used to register with the Platform or any other phone number you possess will not be authorised to access the Platform or any other services or products owned by Dragster;
  3. you will continue to be subject to and bound by all restrictions imposed on you by the Terms; and
  4. all licences granted to you and all disclaimers by Dragster and limitations of Dragster liability set out in these Terms or elsewhere on the Platforms will survive termination.

10.4 Dragster reserves the right to deduct any outstanding fees and charges owing to Dragster and/or the Carrier on your User Account prior to disabling your User Account.

11. Dispute Resolution

11.1 You acknowledge and agree that:

  1. any dispute between you and a Carrier concerning the Carrier Service carried out by the Carrier are directly between you and the Carrier;
  2. Dragster is not a party to any dispute between you and a Carrier;
  3. Dragster is under no obligation to mediate any dispute between you and the Carrier however Dragster will endeavour to assist where necessary to mediate any dispute between you and a Carrier;
  4. you will be required to pay or reimburse any legal fees incurred by Dragster as a result of having to mediate any dispute between you and a Carrier.

11.2 In the event of a Dispute, arising out of or in connection with these Term, including any question regarding its existence, validity or termination, the parties agree to the following dispute resolution procedure:

  1. the complainant who raises a Dispute must tell the respondent in writing, the nature of the Dispute, what outcome the complainant wants and what action the complainant believes will settle the Dispute (“Dispute Notice”);
  2. will settle the Dispute (“Dispute Notice”); upon receipt of a Dispute Notice by the respondent, the parties will arrange to meet in good faith to seek to resolve the Dispute amicably by Term between them; and
  3. if the parties will not meet, or cannot agree on how to resolve the Dispute within 2 (two) weeks of the Dispute Notice having been received by the respondent, either party may refer the matter to a mediator. If the parties cannot agree on who the mediator shoold be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. The parties must attend the mediation recommended by the mediator, in good faith, to seek to resolve the Dispute through mediation or other alternative dispute resolution processes.

11.3 Any attempts made by the parties to resolve a Dispute pursuant to this clause shall be without prejudice to any other rights or entitlements of the parties, by law or in equity. For the avoidance of doubt, nothing in this clause prejudices the right of either party to seek urgent injunctive, interlocutory or declaratory relief from a court in connection with the Dispute without first having to attempt to resolve the Dispute in accordance with this clause 11.

12. Security of Payment

12.1 We have taken all practical steps from both a technical and systems perspective to ensure that the payment details registered on the User Account is well protected.

12.2 A secure payment gateway is used to process all transactions and credit card details.

12.3 Dragster does not give any warranty or make any representation regarding the strength or effectiveness of the secure payment gateway and is not responsible for events arising from unauthorised access to your information

13. Privacy

13.1 In this clause Personal Information means information or an opinion (including information or an opinion forming part of a database) whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent or can be reasonably ascertained, from the information or opinion.

13.2 The Platform collects and stores Personal Information you enter into the User Account. Personal Information collected on the Platform will be maintained in accordance with our Privacy Policy available on the www.Dragster.net.au

13.3 You agree that the Platform will disclose your Personal Information, including your name and address to the Carrier in order for the Carrier to complete the Booking.

13.4 You must abide by all relevant Australian Privacy Principles set out in the Privacy Act 1998 in their collection, use, disclosure and storage of Personal Information.

14. Intellectual Property

14.1 Nothing in these Terms constitutes a transfer of any Intellectual Property Rights on the Site Content. You acknowledge and agree that, as between you and us, we own all Intellectual Property Rights on the Site Content, the Platform, the Website and the Mobile Application.

14.2 By posting or adding any content onto the Platform, the Website or the Mobile Application you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.

14.3 The Site Content is protected by copyright and Zoom2u reserves all Intellectual Property Rights which may subsist in the Site Content and the Platform.

14.4 You must not, without Dragster’s prior written consent, which may be withheld at its absolute discretion:

  1. copy, republish, reproduce, duplicate or extract Site Content;
  2. redistribute, sell, rent or licence any Site Content; or
  3. edit, modify or vary the Site Content.

15. Acceptable Use

15.1 You must not use, or cause the Platform to be used, in any way which:

  1. breaches any of these Terms;
  2. infringes Dragster’s r any third party’s Intellectual Property Rights;
  3. is fraudulent, illegal or unlawful; or
  4. causes impairment of the availability or accessibility of the Platforms.

15.2 You must not use, or cause this Platform to be used, as a medium which stores, hosts, transmits sends or distributes any material which consists of:

  1. spyware;
  2. computer viruses;
  3. trojans;
  4. worms;
  5. keystroke loggers; or
  6. any other malicious computer software.

15.3 You are solely responsible for compliance with any and all laws, roles, regulations, and Tax obligations that may apply to your use of the Platform

15.4 In connection with your use of the Platform, you will not assist or enable others to:

  1. breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, policies or standards;
  2. use the Platform or collect the contents on the Platform for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Dragster endorsement, partnership or otherwise misleads others as to your affiliation with Dragster;
  3. identifiable information about any other user, contained on the Platform in any way that is inconsistent with Dragster’s Privacy Policy or these Terms or that otherwise violates the privacy rights of any user of the Platform or third parties;
  4. use the Platform in connection with the distribution of unsolicited commercial messages;
  5. contact the Carrier or another Carrier for any purpose other than asking a question related to your Booking, including, but not limited to, recruiting or otherwise soliciting any Carrier to join third-party services, applications or websites, without our prior written approval;
  6. use the Platform to request, make or accept a booking independent of the Platform, to circumvent any Delivery Fee or for any other reason;
  7. request, accept or make any payment for Carrier Services outside of the Platform. If you do so, you acknowledge and agree that you:
    1. would be in breach of these Terms;
    2. accept all risks and responsibility for such payment made outside of the Platform; and
    3. hold Dragster harmless from any liability for such payment
  8. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behaviour;
  9. use, display, mirror or frame the Platform or collect the contents on the Platform, or any individual element within the Platform, Dragster’s name, any Dragster trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Dragster platform, without Dragsters express written consent;
  10. dilute, tarnish or otherwise harm the Dragster brand in any way, including through unauthorized use of the content on the Platform, registering and/or using Dragster or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Dragster domains, trademarks, tag lines, promotional campaigns;
  11. use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Platform for any purpose;
  12. avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Dragster or any Carrier or any other third party to protect the Dragster platform;
  13. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform;
  14. take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Platform.

16. Indemnity and Liability

16.1 General Indemnity. You agree to indemnify Dragster, on demand, against any claim, action, damage, Loss, liability, cost, charge, expense or payment which Dragster may pay, suffer, incur or are liable for, in relation to any act you do or cause to be done, in breach of these Terms.

16.2 General Limitation of Liability. We will not be liable to you in contract, tort or equity in relation to any direct, indirect or consequential loss you incur in relation to the contents or use of or reliance on the Dragster.net.au or otherwise in connection with the Platform.

16.3 Carrier Services Liability. To the extent permitted by law, Dragster will not be responsible and will be excluded from all liability, for any loss or damage whatsoever (including personal injury, loss of life and damage to property and damage or loss to the Consignment) that you or another person may suffer in connection with the offer or supply of (or defaolt in supplying) the Carrier Service.

16.4 Information Accuracy. You acknowledge and agree that some of the Dragster.net.au may be provided by way of blogs or comments made by you or other users of the Platform or Website, and that Dragster does not accept any liability for the accuracy of such information or your reliance on the same. The Site Content is provided to you as general information only and is not intended to substitute or replace the advice of a doly qualified professional (where applicable).

16.5 Acceptance. By using this Platform, you agree and accept that the indemnity and limitations of liability provided in this clause 16 are reasonable.

17. Warranties and Representations

17.1 The use of this Platform is at your own risk. The Site Content and everything from the Platform is provided to you on an “as is” and “as available” basis without warranty or condition of any kind.

17.2 None of Dragster’s affiliates, directors, officers, employees, agents, contributors, third party content providers or licensor make any express or implied representation or warranty about the Site Content or Platform.

18. Notices

18.1 A notice or other communication must be in writing in English and may be served to Zoom2u personally by email to Dragster at info@Dragster.net.au

18.2 Dragster may change its address for service of notices by written notice on the Platform. Please see Dragster.net.au for the latest information on the contacts.

19. General Provisions

19.1 Any provision of, or the application of any provision of these Terms which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.

19.2 Any provision of, or the application of any provision of these Terms which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.

19.3 If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in these Terms.

19.4 These Terms shall be governed by and construed in accordance with the law for the time being applicable to New South Wales and you agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales.