Wallis v Downard-Pickford (North Queensland) Pty Ltd

This matter concerned an application for special leave to appeal to the High Court of Australia by Kenneth George Wallis against Downard-Pickford (North Queensland) Pty Ltd. The dispute revolved around the effectiveness of a statutory limitation on a carrier's liability under the *Carriage of Goods by Land Act* in light of provisions within the *Trade Practices Act 1974* (Cth).

The central legal issues before the High Court were whether section 6 of the *Carriage of Goods by Land Act* was effective to limit the carrier's liability, and if so, whether this limitation was inconsistent with sections 68 and 74 of the *Trade Practices Act 1974*. The applicant argued that the *Carriage of Goods by Land Act* provision, by limiting a carrier's liability, was inconsistent with the scheme of rights and duties established by section 74 of the *Trade Practices Act*, particularly the implied warranty of reasonable care and skill in the provision of services.

The applicant contended that the Court of Appeal had erred in its reasoning. The Court of Appeal had concluded that section 68 of the *Trade Practices Act* only avoided contractual terms that excluded or restricted liability for breaches of implied conditions or warranties, and that this limited operation meant the general liability limitation in the *Carriage of Goods by Land Act* was not inconsistent with section 74(1) of the *Trade Practices Act*. The applicant argued that the true question was not the operation of section 68, but whether section 6 of the *Carriage of Goods by Land Act* diminished the rights created by section 74 of the *Trade Practices Act*, including the effect of the implied warranty. The applicant submitted that the vindication of such a warranty inherently involved payment for the value of the broken promise, and this could not be diminished by a statutory limitation on liability.