Hobbs v Petersham Transport Co Pty Ltd

124 CLR 220

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Between: Hobbs
And: Petersham Transport Co Pty Ltd

Court:

Judges: Barwick CJ
McTiernan J
Menzies J
Windeyer J
Owen J

Subject References:
Contract
Bailment
Carriage of goods
Due care
Failure to deliver
Onus of proof
Duty of bailee
Sub-contractor

Hearing date: 7 April 1971
Judgment date: 30 June 1971

Sydney

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ORDER

Appeals allowed with costs. In each matter judgment of the Supreme Court of New South Wales (Court of Appeal Division) set aside and in lieu thereof order that the appeals to that court be allowed with costs. Verdicts and judgments returned and entered for the plaintiff against the defendant and for the defendant against the third party set aside and in lieu thereof verdict and judgment to be returned and entered for the defendant in the plaintiff's action and for the third party in the defendant's third party claim.