Bear v Lockyer [1915] HCA 6

Bear v Lockyer [1915] HCA 6

The plaintiff did not show damages exceeding the relevant monetary threshold; as only sixpence per ton was lost, the High Court held no appeal lay as of right and dismissed the appeal.

Parties
Appellant; Plaintiff: Isaac Bear trading as N. Bear & Co.; Respondents; Defendants: Mary Louise Lockyer and Emily Elizabeth Edwards, executrices and trustees of the will of Thomas Edwards, deceased, trading as Thomas Edwards & Co.
Jurisdiction
Australia
Judgment Date
22 February 1915
Procedural Posture
Appeal / Appeal From the Supreme Court of Victoria to the High Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
Contract—sale of Goods—measure of Damages—appealable Amount—non Acceptance of Goods
Commercial Law Contract—sale of Goods—measure of Damages—appealable Amount—non Acceptance of Goods

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Parties

Isaac Bear trading as N. Bear & Co.

Appellant; Plaintiff

Mary Louise Lockyer and Emily Elizabeth Edwards, executrices and trustees of the will of Thomas Edwards, deceased, trading as Thomas Edwards & Co.

Respondents; Defendants

Procedural Posture

Appeal / Appeal From the Supreme Court of Victoria to the High Court of Australia

Legal Issues

  1. 1 Whether the measure of damages entitled the plaintiff to an appeal as of right to the High Court of Australia
  2. 2 Whether the plaintiff suffered damages exceeding the jurisdictional threshold for appeal

Ratio Decidendi

The plaintiff did not show damages exceeding the relevant monetary threshold; as only sixpence per ton was lost, the High Court held no appeal lay as of right and dismissed the appeal.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.