CURRY & ANOR. V. O'BRIEN 6/1956

CURRY & ANOR. V. O'BRIEN 6/1956

The risk of the goods passed to the respondent at Mildura upon appropriation and consignment, with his assent, and as it could not be established whether damage rendering the goods unsuitable occurred before or after this point, the appellant was not liable for the defects. Judgment for the respondent below must be set aside.

Parties
Appellant: Ralph Curry; Respondent: W. O'Brien
Jurisdiction
Australia
Judgment Date
02 July 1957
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed. Judgment below set aside. Judgment entered for the appellant. Respondent to pay appellant's costs of trial and appeal.
Legal Topics
Breach of Warranty, Risk and Property in Goods, Delivery of Goods, Damages for Breach of Contract
Contract Law Sale of Goods Breach of Warranty Risk and Property in Goods Delivery of Goods Damages for Breach of Contract

Case Brief

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Parties

Ralph Curry

Appellant

W. O'Brien

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant breached a warranty or condition as to the suitability of goods supplied for the respondent's purposes.
  2. 2 At what point did risk in the goods pass to the respondent under the contract?
  3. 3 Was the appellant liable for defects caused possibly by transit damage?

Ratio Decidendi

The risk of the goods passed to the respondent at Mildura upon appropriation and consignment, with his assent, and as it could not be established whether damage rendering the goods unsuitable occurred before or after this point, the appellant was not liable for the defects. Judgment for the respondent below must be set aside.

Court Disposition

Appeal allowed. Judgment below set aside. Judgment entered for the appellant. Respondent to pay appellant's costs of trial and appeal.

Orders

  • Appeal allowed.
  • Judgment of the Supreme Court of South Australia set aside.