Gregory v Commonwealth Railways Commissioner [1941] HCA 43

Gregory v Commonwealth Railways Commissioner [1941] HCA 43

By-law No. 21 as amended unlawfully excluded all liability for loss/damage to goods (including liability for negligence) contrary to sec. 36 of the Act and exceeded by-law-making power under sec. 88. Condition 12, forming part of the contract, validly limited liability for goods lying on or adjacent to the wharf, provided it did not cover goods in transit where Commissioner acted as common carrier, and was not unreasonable or inconsistent with statutory duties; the particular facts required determination at trial on contract formation and applicability.

Parties
Appellant: Ancell Clement Gregory (trading as A. C. Gregory & Co.); Respondent: Commonwealth Railways Commissioner
Jurisdiction
Australia
Procedural Posture
Appeal / Appeal From Supreme Court of Northern Territory; Determination of Special Case Before Trial
Outcome
Appeal allowed; decision of Supreme Court reversed; special case answers varied; remitted for trial on facts; costs reserved to trial judge.
Legal Topics
Liability of Common Carriers, By Laws and Statutory Power, Limitation of Liability, Negligence, Contractual Terms and Conditions
Transport Law Administrative Law Contract Law Tort Law Liability of Common Carriers By Laws and Statutory Power Limitation of Liability Negligence +1 more

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Parties

Ancell Clement Gregory (trading as A. C. Gregory & Co.)

Appellant

Commonwealth Railways Commissioner

Respondent

Procedural Posture

Appeal / Appeal From Supreme Court of Northern Territory; Determination of Special Case Before Trial

Legal Issues

  1. 1 Whether by-law No. 21 (as amended by No. 60) validly excludes liability of Commissioner under the Commonwealth Railways Act 1917-1925
  2. 2 Whether condition 12 of Goods and Livestock Rates forms part of the contract and lawfully limits liability for goods lost or damaged
  3. 3 Whether the Commissioner has power in law to incorporate such limitation terms

Ratio Decidendi

By-law No. 21 as amended unlawfully excluded all liability for loss/damage to goods (including liability for negligence) contrary to sec. 36 of the Act and exceeded by-law-making power under sec. 88. Condition 12, forming part of the contract, validly limited liability for goods lying on or adjacent to the wharf, provided it did not cover goods in transit where Commissioner acted as common carrier, and was not unreasonable or inconsistent with statutory duties; the particular facts required determination at trial on contract formation and applicability.

Court Disposition

Appeal allowed; decision of Supreme Court reversed; special case answers varied; remitted for trial on facts; costs reserved to trial judge.

Orders

  • Order as to costs and verdict set aside
  • No costs for special case or appeal