FAIRLIE V. FANNING & ANOR.

FAIRLIE V. FANNING & ANOR.

Judgment for plaintiff should be increased by £25, as cause of action was made out on pleadings and evidence for machine damage; uncertainty regarding dismissal of claim for other items warrants new trial on those particulars.

Parties
Plaintiff: Fairlie; Defendants: Fanning & Anor.
Jurisdiction
Australia
Judgment Date
27 April 1953
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed in part; judgment for plaintiff increased; new trial ordered on certain items; costs directions and stay orders.
Legal Topics
Bailment, Damages, Storage of Goods
Contract Torts Bailment Damages Storage of Goods

Case Brief

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Parties

Fairlie

Plaintiff

Fanning & Anor.

Defendants

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the defendants are liable for loss of goods stored by the plaintiff
  2. 2 Whether special terms limited the defendants' liability for goods not checked in and out
  3. 3 Proper assessment of damages for lost and damaged goods

Ratio Decidendi

Judgment for plaintiff should be increased by £25, as cause of action was made out on pleadings and evidence for machine damage; uncertainty regarding dismissal of claim for other items warrants new trial on those particulars.

Court Disposition

Appeal allowed in part; judgment for plaintiff increased; new trial ordered on certain items; costs directions and stay orders.

Orders

  • Judgment for plaintiff under paragraphs (a), (c) and (e) increased to £41:8:3.
  • New trial ordered on causes of action stated in paragraphs 9 to 12 of the statement of claim under particulars for paragraph (d).