GERRARD & ANOR -v- SLAMAR [2004] WASCA 253 (S)
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2004] WASCA 253 (S) | |
| THE FULL COURT (WA) | 16/03/2005 | ||
| Case No: | FUL:117/2002 | 21 APRIL 2004 & 18 FEBRUARY 2005 | |
| Coram: | STEYTLER J EM HEENAN J LE MIERE J | 12/11/04 | |
| 18/02/05 | |||
| 13 | Judgment Part: | 1 of 1 | |
| Result: | Leave to amend grounds of appeal granted Appeal allowed Judgment varied No order as to costs | ||
| B | |||
| PDF Version |
| Parties: | JOHN WILLIAM GERRARD LINDA ROSE GERRARD TROY RUDOLPH HERBERT SLAMAR |
Catchwords: | Appeal Application for leave to amend grounds of appeal after hearing Damages Bailment Improvement of bailed chattel due to actions of bailee Bailor recovering improved value of chattel in claim for damages for destruction of bailed goods while in possession of bailee Obligation of bailor to pay repair charges for the work resulting in improvement in value of chattel Costs Local Court scale |
Legislation: | District Court Act 1969 Local Courts Act, s 17 Rules of the Supreme Court, O 66 r 16 Supreme Court Act 1935 |
Case References: | Calderbank v Calderbank [1976] Fam 93; [1975] 3 All ER 333 Electricity Trust of South Australia v O'Leary (1986) 42 SASR 26 Gerrard & Anor v Slamar [2004] WASCA 253 Green v Sommerville (1979) 141 CLR 594 Greenwood v Bennett [1973] QB 195 Jones v The Queen (1989) 166 CLR 409 McKeown v Cavalier Yachts Pty Ltd (1988) 13 NSWLR 303 Munro v Wilmott [1949] 1 KB 295 Nash v Barnes [1922] NZLR 303 National Australia Bank Ltd v Bond Brewing Holdings [1991] 1 VLR 386 Re Simms [1934] 1 Ch 1 Suttor v Gundowda Pty Ltd (1950) 81 CLR 418 Tom Hopkins Inc v Wall & Redekopf Realty Inc [1985] 6 WWR 367 University of Woollongong & Ors v Metwally (No 2) (1985) 59 ALJR 481 Water Board v Moustakas (1988) 180 CLR 491 Dearman v Dearman (1908) 7 CLR 549 Steele v Tardiani (1946) 72 CLR 386 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE FULL COURT (WA) CITATION : GERRARD & ANOR -v- SLAMAR [2004] WASCA 253 (S) CORAM : STEYTLER J
- EM HEENAN J
LE MIERE J
DECISION : 18 FEBRUARY 2005 PUBLISHED : 16 MARCH 2005 FILE NO/S : FUL 117 of 2002 BETWEEN : JOHN WILLIAM GERRARD
- LINDA ROSE GERRARD
Appellants (Defendants)
AND
TROY RUDOLPH HERBERT SLAMAR
Respondent (Plaintiff)
Catchwords:
Appeal - Application for leave to amend grounds of appeal after hearing - Damages - Bailment - Improvement of bailed chattel due to actions of bailee - Bailor recovering improved value of chattel in claim for damages for destruction of bailed goods while in possession of bailee - Obligation of bailor to pay repair charges for the work resulting in improvement in value of chattel - Costs - Local Court scale
(Page 2)
Legislation:
District Court Act 1969
Local Courts Act,…
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- Gerrard & Anor v Slamar [2004] WASCA 253 (S)
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CaseChat Overview and Summary
The legal issues before the court included whether the plaintiffs were entitled to recover the improved value of the bailed chattel due to actions taken by the bailee, and whether the plaintiffs were obligated to pay for the repair charges associated with the improvement of the chattel. Additionally, the court needed to determine the appropriate scale of costs to be awarded under the Local Court scale.
In reaching its decision, the court noted that the plaintiffs were indeed entitled to recover the improved value of the bailed chattel due to the actions of the bailee. The court held that the bailee's actions in improving the chattel constituted a wrongful act, and as a result, the plaintiffs were entitled to the enhanced value of the chattel at the time of its destruction. However, the court also determined that the plaintiffs were not required to pay for the repair charges associated with the improvement, as these charges were a consequence of the bailee's wrongful act. The court granted leave to amend the grounds of appeal, allowed the appeal, and varied the judgment. No order was made as to costs.
Orders
Orders of the court
Leave to amend grounds of appeal granted
Appeal allowed
Judgment varied
No order as to costs
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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