Bindaree Beef Pty Ltd & Anor v Raymoon Pty Ltd [2006] NSWCA 35

Bindaree Beef Pty Ltd & Anor v Raymoon Pty Ltd [2006] NSWCA 35

The appeal had to be allowed because the trial judge failed to make essential findings and give adequate reasons on causation, tortious liability and contribution. Although the pleaded implied contractual term was an allegation of fact admitted by the appellants' failure to traverse it, and the evidence was capable of supporting Q fever precautions in an abattoir, the Court could not uphold the judgment on the contract claim because there were no sufficient findings or evidence directed to what reasonable measures were required when the premises were being used or intended to be used for boning cattle, or whether any breach caused the plaintiff's Q fever. The cross-claim therefore...

Jurisdiction
Australia
Judgment Date
02 March 2006
Procedural Posture
Civil Appeal / Appeal From Judgment and Orders Made in Respect of the Cross Claim
Outcome
Appeal allowed; judgment and orders made in respect of the cross-claim set aside; matter remitted to the Common Law Division for a new trial in respect of the cross-claim.
Legal Topics
['insufficient Reasons and Findings' 'pleadings and Admissions' 'implied Contractual Terms' 'contribution or Indemnity Between Tort Feasors' 'contractual Indemnity' 'occupiers and Workplace Safety' 'q Fever Infection']
['civil Procedure' 'contract Law' 'tort Law'] ['insufficient Reasons and Findings' 'pleadings and Admissions' 'implied Contractual Terms' 'contribution or Indemnity Between Tort Feasors' 'contractual Indemnity' 'occupiers and Workplace Safety' 'q Fever Infection']

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Procedural Posture

Civil Appeal / Appeal From Judgment and Orders Made in Respect of the Cross Claim

Legal Issues

  1. 1 ['Whether the trial judge failed to make necessary findings and give adequate reasons on causation, liability and contribution in the cross-claim.' "Whether the appellants' failure to traverse the pleaded implied contractual term operated as an admission under the Supreme Court Rules." 'Whether the alleged implied contractual term was an allegation of fact for the purposes of SCR Pt 15 r 20.' 'Whether the admitted implied term and the evidence were sufficient for the Court of Appeal to uphold the judgment on the contractual indemnity claim without a new trial.' 'Whether the evidence established breach and causation where the premises had formerly been used as an abattoir but were being used, or intended to be used, for boning cattle.']

Ratio Decidendi

The appeal had to be allowed because the trial judge failed to make essential findings and give adequate reasons on causation, tortious liability and contribution. Although the pleaded implied contractual term was an allegation of fact admitted by the appellants' failure to traverse it, and the evidence was capable of supporting Q fever precautions in an abattoir, the Court could not uphold the judgment on the contract claim because there were no sufficient findings or evidence directed to what reasonable measures were required when the premises were being used or intended to be used for boning cattle, or whether any breach caused the plaintiff's Q fever. The cross-claim therefore...

Court Disposition

Appeal allowed; judgment and orders made in respect of the cross-claim set aside; matter remitted to the Common Law Division for a new trial in respect of the cross-claim.

Orders

  • ['Appeal allowed.' 'Judgment and orders made in respect of the cross-claim set aside.' 'Matter remitted to the Common Law Division for a new trial, in respect of the cross-claim.' "Respondent to pay the costs of the appellants of the appeal, but to have a certificate under the Suitors' Fund Act 1951 if otherwise...