Woolworths Limited v Crotty [1942] HCA 35

Woolworths Limited v Crotty [1942] HCA 35

The Compensation to Relatives Act 1897-1928 (N.S.W.) applies to deaths caused by breaches of contract as well as by tort. The words 'wrongful act, neglect, or default' in section 3 are wide enough to cover breaches of contract, and there is no reason in principle or language to limit the statute to torts; the appeal of Woolworths Limited is therefore dismissed.

Parties
Appellant; Defendant: Woolworths Limited; Respondent; Plaintiff: Elizabeth Catherine Crotty
Jurisdiction
Australia
Procedural Posture
Appeal / On Appeal From the Supreme Court of New South Wales, Full Court, to the High Court of Australia
Outcome
appeal dismissed
Legal Topics
Fatal Accidents, Compensation to Relatives Act, Application to Breach of Contract, Survival of Actions, Wrongful Act, Implied Warranties in Sale of Goods
Torts Contracts Statutory Interpretation Fatal Accidents Compensation to Relatives Act Application to Breach of Contract Survival of Actions Wrongful Act +1 more

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Parties

Woolworths Limited

Appellant; Defendant

Elizabeth Catherine Crotty

Respondent; Plaintiff

Procedural Posture

Appeal / On Appeal From the Supreme Court of New South Wales, Full Court, to the High Court of Australia

Legal Issues

  1. 1 Does the Compensation to Relatives Act 1897-1928 (N.S.W.), reproducing Lord Campbell's Act, apply to cases where death is caused by breach of contract as well as tort?
  2. 2 Are deaths caused by breaches of contract actionable for the benefit of relatives under the Act?

Ratio Decidendi

The Compensation to Relatives Act 1897-1928 (N.S.W.) applies to deaths caused by breaches of contract as well as by tort. The words 'wrongful act, neglect, or default' in section 3 are wide enough to cover breaches of contract, and there is no reason in principle or language to limit the statute to torts; the appeal of Woolworths Limited is therefore dismissed.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed with costs