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.

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


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.


 

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