Balmain New Ferry Co Ltd v Robertson

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4 C.L.R.] OF AUSTRALIA.

379

For these reasons their Lordships humbly advised His Majesty that the appeal should be dismissed, and ordered the appellant

Privy0 U CIL#

ĝQg

to pay the costs of the appeal. ■—.—'

P erry

V.

Clissold.

[H IG H COURT OF AU.STRALIA.]

THE BALMAIN NEW FERRY COMPANY j

A p p e l l a n t s ;

LIMITED . .

. f

D e f e n d a n t s ,

ROBERd'SON .

R e s p o n d e n t .

P l a i n t i f f ,

ON A P P E A L FROM T H E S U P R E M E COURT

OF

N E W SO UTH

W A LES.

Action Jor assault and false, imprisonment — Passenger prevented fr o m leaving fe r r y

H. (L of A.

company's w harf without paym ent— jVoticf o f conditions o f contract o f carriage

1906.

--L eave and licence—Pleading—Amendment.

'— —̂ '

S ydney ,

.A ferry company placed over tlie entrance to their private wharf a notice Oct. 9, 10, 11.

stating th a t a fare of one penny must be paid by all persons entering or

Dec. 18.

leaving the wharf, wliether they had travelled by the company’s boats or

Giirfith C.J.,

Barton and O’Connor, JJ.

not. Tlie plaintiff, who was aware of these conditions, paid the fare of one penny and was admitted to the wharf th rough a turnstile. Having missed his boat, he a ttem pted to leave the wharf by another turnsti le which was the only means of e.xit e.xcept by water. As he refused to pay a second penny tlie company’s servants endeavoured to detain him, b u t he eventually suc­ ceeded in forcing his way through a small opening beside the turnsti le . He brought an action against the company for assault and false imprisonment, and the defendants pleaded not guilty.

Held, th a t as the plaintiff could have left the wharf by water, there was, under the circumstances, no im prisonm ent; and

T h a t the plaintiff, having entered the wharf with knowledge of the con­ ditions imposed by the defendants, must be taken to have impliedly agreed

380

[1906.

tUGH

COUKT

H. C. OF A. th a t lie woiikl no t ask for egress from the wharf by land w ithou t payment of

1906.another penny, and to have consented to the defendants preventing him from leaving in th a t way w ithout .such fur ther payment, and, therefore, th a t the

T h e B almaix

defendants’ .servants were justified in using such force as was reasonably

IS'ew

Kerk y

Co. I.TU.

necessary for th a t purpose.

.

c .

R obertso n .H tkU 'also, th a t even if this defence, being in the na tu re…

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Details
Case
[1906] HCA 83
Decision Date

CaseChat Overview and Summary

The case of *Balmain New Ferry Co Ltd v Robertson* concerned a dispute between the Balmain New Ferry Company Ltd and a passenger, Robertson. Robertson had paid the fare to board the ferry, intending to travel to Balmain. However, upon reaching the wharf, he decided not to disembark and instead wished to continue on the ferry for a return trip to Sydney. The ferry company refused to allow him to remain on the ferry for the return journey without paying a second fare.

The central legal issue before the court was whether Robertson, having paid the fare to reach Balmain, had a right to remain on the ferry for a return journey without paying an additional fare. This involved determining the nature of the contract between the ferry company and its passengers, specifically whether the payment of a fare constituted a licence to travel to a destination only, or a licence to travel to that destination and then to return.

The court held that the contract was for a single journey to Balmain. By paying the fare, Robertson acquired a licence to travel to Balmain, but this licence expired upon his arrival at the destination. The ferry company was therefore within its rights to refuse him passage on the return journey without a further payment. The court reasoned that the contract was for a specific service, which was the transport to Balmain, and that the licence granted was limited to the completion of that service.

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