Carnarvon Electric Light and Power Co Ltd v Boor [1915] HCA 70

Carnarvon Electric Light and Power Co Ltd v Boor [1915] HCA 70

The Magistrate and Supreme Court were correct in finding there was an implied contract between the parties for supply of electricity; there was no justification from the evidence to terminate the contract. No reason exists to grant leave to appeal.

Parties
Defendant: Carnarvon Electric Light and Power Co. Ltd.; Plaintiff: John Arthur Boor
Jurisdiction
Australia
Judgment Date
21 October 1915
Procedural Posture
Application for Special Leave to Appeal / Decision on Special Leave to Appeal
Outcome
special leave to appeal refused
Legal Topics
Implied Contract, Breach of Contract, Supply of Electricity, Electric Lighting Act 1892 (w.a.), Damages for Breach
Contracts Statutory Obligations Implied Contract Breach of Contract Supply of Electricity Electric Lighting Act 1892 (w.a.) Damages for Breach

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Parties

Carnarvon Electric Light and Power Co. Ltd.

Defendant

John Arthur Boor

Plaintiff

Procedural Posture

Application for Special Leave to Appeal / Decision on Special Leave to Appeal

Legal Issues

  1. 1 Whether an implied contract existed between the plaintiff and the defendant for the supply of electricity
  2. 2 Whether there was a breach of contract and statutory obligation under sec. 29 of the Electric Lighting Act 1892 (W.A.)
  3. 3 Whether special leave to appeal should be granted

Ratio Decidendi

The Magistrate and Supreme Court were correct in finding there was an implied contract between the parties for supply of electricity; there was no justification from the evidence to terminate the contract. No reason exists to grant leave to appeal.

Court Disposition

special leave to appeal refused