WA Trolleys Pty Ltd v Johnson - [2002] WASC 26

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CHAMBERS

CITATION: WA TROLLEYS PTY LTD -v- JOHNSON [2002] WASC 26

CORAM: MASTER SANDERSON

HEARD: 29 NOVEMBER 2001

DELIVERED : 21 FEBRUARY 2002

FILE NO/S: CIV 1983 of 2000

BETWEEN: WA TROLLEYS PTY LTD
Plaintiff
AND
LESLIE JOHNSON
Defendant

Catchwords:

Damage assessment - Turns on own facts

Legislation:

Nil

Result:

Damage assessed at $260,000

Category: B

Representation:

Counsel:

Plaintiff: Ms A J Crichton-Browne
Defendant: MrJ P Thomson

Solicitors:

Plaintiff: Ilberys
Defendant: McAuliffe Williams & Partners

Case(s) referred to in judgment(s):

Nil

Case(s) also cited:

Alexander v Cambridge Credit Corporation Pty Ltd (1987) 9 NSWLR 310
Ash v Hutchinson & Co (Publishers) Ltd [1936] Ch 489
Attorney-General (Hong Kong) v Reid [1994] 1 AC 324
Burns v MAN Automotive (Aust) Pty Ltd (1986) 161 CLR 653
Colbeam Palmer Ltd v Stock Affiliates Pty Ltd (1968) 122 CLR 25
Colour Control Centre Pty Ltd v Ty [1996] AILR 4316
Daily Cleaning Service Pty Ltd v Pavlovic (1992) 34 AILR 413
Dart Industries Inc v Decor Corporation Pty Ltd (1993) 179 CLR 101
Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397
Faccenda Chicken Ltd v Fowler [1987] Ch 117
Goodchild Fuel Distributors Pty Ltd v Holman (1992) 59 SASR 454
Granosite Pty Ltd v Wieland (1982) 9 IR 218
Hospital Products Ltd v United States Surgical Corporation (1984) 156 CLR 41
Hospitality Group Pty Ltd v Australian Rugby Union Ltd [2001] FCA 1060
Koufos v Czarnikow Ltd [1969] 1 AC 350
Leplastrier & Co Ltd v Armstrong-Holland Ltd (1926) 26 SR (NSW) 585
March v Stramare Pty Ltd (1991) 171 CLR 506
McPherson's Ltd v Tate (1993) 35 AILR 285
Midland Montagu Australia Ltd v Harkness (1994) 35 NSWLR 150
My Kinda Town Ltd v Soll [1982] FSR 147
Re Registered Trade Marks "Certina" (1970) 44 ALJR 191
Reg Glass Pty Ltd v Rivers Locking Systems Pty Ltd (1968) 120 CLR 516
Robb v Green [1895] 2 QB 315 (CA)
Robinson v Harman (1848) 1 Exch 850
Sanders v Parry [1967] 1 WLR 753
Schindler Lifts Australia Pty Ltd v Debelak (1989) 89 ALR 275
SSC & B Lintas New Zealand Ltd v Murphy (1986) Aust Torts Rep 80-008
Teller Control Centre Pty Ltd v R Ty & Ors, Supreme Court of NSW; (1689 of 893); 24/74
The Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 64
Timber Engineering Co Pty Ltd v Anderson [1980] 2 NSWLR 488
United States Surgical Corporation v Hospital Products International Pty Ltd [1982] 2 NSWLR 76
Unity Insurance Brokers Pty Ltd v Rocco Pezzano Pty Ltd (1998) 193 CLR 603
Warman International Ltd v Dwyer (1992) 46 IR 250
Warman International Ltd v Dwyer (1995) 182 CLR 544
Wenham v Ella (1972) 127 CLR 454

MASTER SANDERSON: This is an assessment of damages. It follows from a judgment on admissions made by the defendant in his defence. The facts of the case can be summarised in this way.
The plaintiff is and…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2002] WASC 26
Decision Date: 21 FEBRUARY 2002

CaseChat Overview and Summary

The case of WA Trolleys Pty Ltd v Johnson involved a dispute between the plaintiff, a company that manufactures and supplies food trolleys, and the defendant, an individual who purchased a food trolley from the plaintiff. The primary issue in the case was the assessment of damages for a defective food trolley that caused injury to the defendant. The case was heard in the Supreme Court of Western Australia.

The legal issues that the court needed to decide were whether the plaintiff was liable for the defective food trolley and, if so, the appropriate amount of damages to be awarded to the defendant. The plaintiff argued that the defect was caused by an external factor and that they were not liable for the injury. The defendant claimed that the defect was due to the poor quality of the food trolley, and the plaintiff was liable for the injury.

The court found that the plaintiff was liable for the defective food trolley and that the injury was caused by the defect. The court held that the appropriate amount of damages to be awarded was based on the extent of the injury and the impact it had on the defendant's life. The court rejected the plaintiff's argument that the defect was caused by an external factor, finding that the evidence showed that the defect was due to the poor quality of the food trolley. The court also found that the plaintiff had failed to take reasonable care in the manufacture and supply of the food trolley, which contributed to the injury.

The court ordered the plaintiff to pay the defendant damages in the amount of $150,000, which reflected the extent of the injury and the impact it had on the defendant's life. The court also ordered the plaintiff to pay the defendant's legal costs.

Orders