Campbell v Kitchen and Sons Limited and Brisbane Soap Company Limited [1910] HCA 50

Campbell v Kitchen and Sons Limited and Brisbane Soap Company Limited [1910] HCA 50

The contract entitles agents to 7.5% commission on net amounts received for goods, less discount for cash where applicable; accounts settled and paid with full knowledge of facts cannot be re-opened except for transactions after October 1908; settled accounts are binding absent mistake of fact or equitable reason to...

Source-derived case information.

Parties
Appellant: Peter Morrison Campbell; Respondent: J. Kitchen & Sons Limited; Respondent: Brisbane Soap Company Limited
Jurisdiction
Australia
Judgment Date
01 October 1910
Procedural Posture
Appeal / Judgment After Leave From Supreme Court of Queensland
Outcome
Judgment varied; action to recover past payments dismissed; declaration of rights granted in modified form; no costs to either party.
Legal Topics
Del Credere Agency, Trade Usage, Indemnity, Mistake of Fact, Mistake of Law, Settled Account, Construction of Contract
Contract Law Company Law Agency Law Equity Del Credere Agency Trade Usage Indemnity Mistake of Fact +3 more

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Parties

Peter Morrison Campbell

Appellant

J. Kitchen & Sons Limited

Respondent

Brisbane Soap Company Limited

Respondent

Procedural Posture

Appeal / Judgment After Leave From Supreme Court of Queensland

Legal Issues

  1. 1 Proper construction of agency contract regarding commissions and trade discounts
  2. 2 Whether settled accounts should be re-opened for alleged mistaken payments
  3. 3 Indemnity and guarantee obligations of agents under contract

Ratio Decidendi

The contract entitles agents to 7.5% commission on net amounts received for goods, less discount for cash where applicable; accounts settled and paid with full knowledge of facts cannot be re-opened except for transactions after October 1908; settled accounts are binding absent mistake of fact or equitable reason to disturb them.

Court Disposition

Judgment varied; action to recover past payments dismissed; declaration of rights granted in modified form; no costs to either party.

Orders

  • Declaration that under the contract of 30th June 1891 and indenture of 11th September 1908 plaintiffs are entitled to commission of 7.5% on net amounts received, excluding goods sold for cash on delivery.
  • Plaintiffs entitled to discharge monthly debts by payment equal to amount purchaser would pay on due date per contract.