W R Carpenter and Company Limited v Atkins [1922] HCA 51

W R Carpenter and Company Limited v Atkins [1922] HCA 51

A new trial is required where the state of the evidence does not permit the court to safely or justly resolve the material issues of fact and law.

Parties
Appellant: W. R. Carpenter and Company Limited; Respondents: George Herbert Atkins, Clifton A. Kroll and David Haddon Atkins, trading as Atkins, Kroll & Co.
Jurisdiction
Australia
Judgment Date
12 December 1922
Procedural Posture
Appeal / Appeal From the Supreme Court of New South Wales to the High Court
Outcome
decision reversed; new trial ordered
Legal Topics
Contract Construction, Breach of Contract, Damages, New Trial
Contract Law Commercial Law Contract Construction Breach of Contract Damages New Trial

Case Brief

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Parties

W. R. Carpenter and Company Limited

Appellant

George Herbert Atkins, Clifton A. Kroll and David Haddon Atkins, trading as Atkins, Kroll & Co.

Respondents

Procedural Posture

Appeal / Appeal From the Supreme Court of New South Wales to the High Court

Legal Issues

  1. 1 What was the agreed time for loading under the contract?
  2. 2 Was there a breach of contract by the appellant in failing to supply cargo?
  3. 3 Is the evidence sufficient to determine rights of the parties?

Ratio Decidendi

A new trial is required where the state of the evidence does not permit the court to safely or justly resolve the material issues of fact and law.

Court Disposition

decision reversed; new trial ordered

Orders

  • Order appealed from discharged.
  • Verdict set aside and a new trial ordered before a Judge of the Supreme Court without a jury.