Marskell and Anor v Davis and Ors t/as The Local Bloke Removals

The applicants, Marskell and another, sought damages from the respondents, Davis and others trading as The Local Bloke Removals, for the loss of household goods and chattels during a move, delays in delivery, and personal injury resulting from stress and anxiety. The dispute was heard in the County Court of Victoria. The applicants alleged that the respondents, as the carriers of their household goods, failed to deliver all items on time, damaged some items, and caused personal injury due to stress and anxiety from the delays and mishandling.

The court needed to determine whether the respondents, as common carriers, were liable for the damage to and loss of the applicants' household goods and whether they could be held responsible for the personal injury claims arising from the stress and anxiety caused by the mishandling of the goods. Additionally, the court had to assess whether the respondents were liable for the delay in delivering the goods.

The court found that the respondents, as common carriers, were liable for the damage to and loss of the applicants' household goods. The court held that the respondents breached their duty of care in the bailment of the goods by failing to deliver all items on time and by damaging some of the items. The court also found the respondents liable for the personal injury claims, as the applicants' stress and anxiety were a foreseeable consequence of the respondents' failure to deliver the goods on time and in good condition. Regarding the delay in delivery, the court held that the respondents were liable for the additional stress and anxiety caused by the delay. The court awarded the applicants the sum of $600.00 in damages, to be paid within 14 days of the order.