Balmain New Ferry Co Ltd v Robertson

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.