BALTIC SHIPPING COMPANY v. DILLON

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

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(Judgment by: TOOHEY J)

Between: BALTIC SHIPPING COMPANY
And: DILLON

Court:

Judges: MASON CJ
BRENNAN J
DEANE J
DAWSON J

TOOHEY JGAUDRON J
McHUGH J

Subject References:
Contract

Judgment date: 10 February 1993

CANBERRA

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Judgment by:
TOOHEY J

I agree with the judgment of the Chief Justice and with the orders he proposes. In particular, I agree that the consideration for the contract of voyage into which the respondent entered did not totally fail; that the respondent was not entitled to a return of her fare as money paid for a consideration that totally failed; and that, in accordance with the principles enunciated by the Chief Justice, the respondent was entitled to an award of damages for disappointment and distress and physical inconvenience flowing from the appellant's breach of contract. I have nothing to add to the Chief Justice's reasons.