Cullen v. Trappell.

Judges: Barwick CJ
Gibbs J
Stephen J

Mason J
Murphy J
Aickin J
Wilson J

Court:
Full High Court

Judgment date: Judgment handed down 1 May 1980.

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Mason J.

I agree with the judgment of Gibbs J. in
Atlas Tiles Ltd. v. Briers 78 ATC 4536 ; (1978) 52 A.L.J.R. 707 to the extent to which it deals with the question whether
British Transport Commission v. Gourley

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ATC 4197

(1956) A.C. 185 should continue to be followed in Australia. Being of opinion that the decision should continue to be applied in this country, I agree with the reasons for judgment prepared by Gibbs J. in the instant case.

I would therefore allow the appeal and the cross-appeal and reduce the amount of the judgment to $125,322. The appellant should be ordered to pay the respondent's costs.