Helicopter Sales Pty Ltd v Rotor-Work Pty Ltd
132 CLR 14 ALR 77
(Judgment by: MASON J)
Between: HELICOPTER SALES PTY LTD
And: ROTOR-WORK PTY LTD
Judges:
Barwick CJ
Menzies J
Stephen J
Mason JJacobs J
Subject References:
Contract
Implied warranty
Repair
Whether warranties excluded
Practice and procedure
Third party
Leave to defend
Legislative References:
Rules of the Supreme Court (Qld) - O 17, r 4
Judgment date: 17 September 1974
ADELAIDE
Judgment by:
MASON J
For the reasons which have been given by Stephen J. I am of opinion that judgment should have been given for the defendant in the action brought by the plaintiff, with the consequence that there should have been judgment for the third party on the defendant's third party claim.
I do not feel that there is any difficulty in dealing with both of the third party's appeals. The third party defended the plaintiff's action pursuant to an order giving it leave so to do. Although no order was made binding the third party to the result of the trial of the issues between the plaintiff and the defendant, it was in my view in these circumstances entitled to appeal against the judgment against the defendant. I should have taken the same view had the third party defended the plaintiff's action without the benefit of an order giving it leave so to do.
Accordingly, I would allow both appeals by the third party.