BALTIC SHIPPING COMPANY v. DILLON

(1993) 176 CLR 344
(1993) F.C. 93/001

Between: BALTIC SHIPPING COMPANY
And: DILLON

Court:
High Court of Australia

Judges:
MASON CJ
BRENNAN J
DEANE J
DAWSON J
TOOHEY J
GAUDRON J
McHUGH J

Subject References:
Contract

Judgment date: 10 February 1993

CANBERRA


ORDER

Appeal allowed

Order that the appellant pay 75 per cent of the respondent's costs of the appeal.

Set aside the order of the Court of Appeal of New South Wales in so far as it dismissed the appeal to that Court.

In lieu of that part of the order of the Court of Appeal so set aside, make the following orders:

(1)
Appeal allowed
(2)
Set aside so much of the judgment of Carruthers, J. as ordered the defendant (the appellant in this court) pay to the plaintiff (the respondent in this court) the sum of $51,396.

Direct the parties to bring in, within twenty-one days, minutes of order as to the sum to be paid by the defendant to the plaintiff in accordance with the judgment of this Court.