R v Henrickson and Knutson [1911] HCA 56

R v Henrickson and Knutson [1911] HCA 56

Contractors carrying out work at the request of the Government, not being manifestly tortious and done without negligence, are entitled to be indemnified by the Government for damages resulting to third parties, unless the contract expressly excludes this right, which it does not in this case.

Parties
Appellant; Defendant: The Crown; Respondents; Petitioners: Henrickson & Knutson
Jurisdiction
Australia
Judgment Date
20 October 1911
Procedural Posture
Appeal / On Appeal From the Supreme Court of Western Australia
Outcome
Appeal dismissed
Legal Topics
Implied Indemnity, Government Contracts, Nuisance, Negligence, Construction Law
Contract Law Tort Law Government Liability Implied Indemnity Government Contracts Nuisance Negligence Construction Law

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Parties

The Crown

Appellant; Defendant

Henrickson & Knutson

Respondents; Petitioners

Procedural Posture

Appeal / On Appeal From the Supreme Court of Western Australia

Legal Issues

  1. 1 Whether contractors are entitled to be indemnified by the Crown for damages and costs arising from lawful execution of works resulting in injury to a third party, absent negligence
  2. 2 Whether contractual terms exclude implied indemnity for loss caused by performance of contract as requested by the Government
  3. 3 Whether statutory authority under the Public Works Act 1902 provides immunity from liability

Ratio Decidendi

Contractors carrying out work at the request of the Government, not being manifestly tortious and done without negligence, are entitled to be indemnified by the Government for damages resulting to third parties, unless the contract expressly excludes this right, which it does not in this case.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs