MONARC STEEL PTY LTD v BRAMBLES HOLDINGS LTD [1991] NSWCA 204

The failure to lift resulted from adhesive bonds and not from the incapacity of the crane as promised, and the plaintiffs did not establish breach of contract.

Parties: Appellant: Monarc Steel Pty Ltd; Respondent: Brambles Holdings Ltd
Jurisdiction: Australia
Judgment Date: 26 June 1991
Procedural Posture: Appeal / Court of Appeal Decision
Outcome: appeal dismissed with costs
Legal Topics: Breach of Contract, Contractual Terms, Equipment Hire

Contract Breach of Contract Contractual Terms Equipment Hire

Case Brief

Summary, issues, holding and outcome

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Parties

Monarc Steel Pty Ltd

Appellant

Brambles Holdings Ltd

Respondent

Procedural Posture

Appeal / Court of Appeal Decision

Legal Issues

1 Whether the crane hired to the appellant was incapable of lifting the promised weight of 35.6 tonnes
2 Whether failure to lift resulted from incapacity of the crane or from adhesions and other causes

Ratio Decidendi

The failure to lift resulted from adhesive bonds and not from the incapacity of the crane as promised, and the plaintiffs did not establish breach of contract.

Court Disposition

appeal dismissed with costs

Orders

The appeal is dismissed with costs.