La Rosa v Nudrill Pty Ltd

La Rosa v Nudrill Pty Ltd was a case in the Supreme Court of Queensland, where the plaintiff sought damages for the loss of a drill rig transported by the defendant. The dispute centred on whether an exclusion clause printed on the reverse of invoices was incorporated into the contracts between the parties through a course of prior dealings. The defendants argued that the exclusion clause exempted them from liability for negligence in the carriage of the drill rig.

The legal issues before the court included whether the exclusion clause was incorporated into the contracts by the prior course of dealings, whether the knowledge of the term could be actual or constructive, and if the document containing the term had to be sent or given prior to or at the time of the formation of each of the contracts constituting the prior course of dealings. Additionally, the court had to determine if the term needed to be incorporated in at least one of the contracts constituting the prior course of dealings and if it was reasonably open on the evidence for the trial judge to find the appellant breached his contractual and tortious duties to exercise reasonable care.

The court found that the exclusion clause was not incorporated into the contracts by the prior course of dealings. It reasoned that the term had to be incorporated in at least one of the contracts constituting the prior course of dealings, and it was not reasonably open on the evidence for the trial judge to find the appellant breached his duties. Furthermore, the court held that the appellant failed to discharge the onus of disproving negligence in bailment. The appeal was dismissed, and the trial judge's findings were upheld.

The orders of the court were that the appeal be dismissed, and the trial judge's findings stand.