Commissioner for Railways (NSW) v Quinn [1946] HCA 12

Commissioner for Railways (NSW) v Quinn [1946] HCA 12

The by-law/condition requiring written claims for lost goods within 14 days after delivery should have been given, though validly incorporated by reference in the consignment note and properly made under the Act, was not just and reasonable in the circumstances—given the difficulty of identifying the applicable date, the absence of notice of arrival, and the lack of an alternative carriage contract—thus did not bar the plaintiff’s claim for loss at Commissioner's risk rates.

Parties
Appellant; Defendant: Commissioner for Railways (N.S.W.); Respondent; Plaintiff: Mabel Irene Quinn
Jurisdiction
Australia
Procedural Posture
Appeal / High Court of Australia on Appeal From Supreme Court of New South Wales (full Court), Which Had Reversed District Court; Judgment for Plaintiff Entered in High Court
Outcome
Appeal dismissed; judgment for plaintiff entered for £90 7s. with costs; order for new trial set aside.
Legal Topics
Common Carriers, Limitation of Claims, Contract Terms, By Law Validity, Liability of Statutory Carriers
Negligence Carriage of Goods Statutory Interpretation Common Carriers Limitation of Claims Contract Terms By Law Validity Liability of Statutory Carriers

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Parties

Commissioner for Railways (N.S.W.)

Appellant; Defendant

Mabel Irene Quinn

Respondent; Plaintiff

Procedural Posture

Appeal / High Court of Australia on Appeal From Supreme Court of New South Wales (full Court), Which Had Reversed District Court; Judgment for Plaintiff Entered in High Court

Legal Issues

  1. 1 Validity and enforceability of by-law limiting time for making claims for loss of goods against statutory railway carrier
  2. 2 Whether condition incorporated into contract is just and reasonable under s. 9 of the Common Carriers Act 1902 (N.S.W.)
  3. 3 Effect of failure to exhibit by-law at stations as required by Government Railways Act 1912-1943 (N.S.W.)

Ratio Decidendi

The by-law/condition requiring written claims for lost goods within 14 days after delivery should have been given, though validly incorporated by reference in the consignment note and properly made under the Act, was not just and reasonable in the circumstances—given the difficulty of identifying the applicable date, the absence of notice of arrival, and the lack of an alternative carriage contract—thus did not bar the plaintiff’s claim for loss at Commissioner's risk rates.

Court Disposition

Appeal dismissed; judgment for plaintiff entered for £90 7s. with costs; order for new trial set aside.

Orders

  • Judgment entered for the plaintiff (Mabel Irene Quinn) for £90 7s. with costs, including costs of first trial and appeal.