BALMORAL PUBLISHING COMPANY PTY. LIMITED V. CENTRAL PRESS PTY. LIMITED

oR BG ak x IN THE HIGH COURT OF AUSTRALIA

TED

CENTRAL PRESS PTY. LIMIT.

REASONS FOR JUDGMENT Li-12-0 . —

J. 3 Gonrley, Gost. Print, 'Merb. on.Thursday, 10th Tunes 1954

ens nt SPAY LOTR YUN, F924

BALMORAL PUBLISHING COMPANY PIY. LIMITED

Vv.

CENTRAL PRESS PTY. LIMITED

ORDER

Appeal dismissed with costs.

See

BALMORAL PUBLISHING COMPANY PTY. LIMITED ve

CENTRAL PRESS PIY. LIMITED

DIXON C.J. WEBB J. FULTAGAR J.

SUDGMENT Tayion Y.

BALMORAL PUBLISHING COMPANY PTY. LIMITED

ve

CENTRAL PRESS PTY. LIMITED DIXON C.J.

FUTTAGAR J. RIT J. JUDGMENT TAYLOR Je

This is an appeal from an order of the Full Court of the Supreme Court of New South Wales dismissing an appeal from a judgment directed to be entered by Kinsella J. in a commercial cause in which the present appellant was the defendant and the respondent was the plaintiff. The learned trial judge found a verdict for the plaintiff in the sum of £568.17. 6 and a verdict for the defendant, as upon a cross action in the sum of £62.16. 3 and, in the result, he directed judgment for the plaintiff for £5064 1. 3.

The dispute between the parties was concerned with a transaction which took place between them in 1951. At the beginning of that year the appellant obtained from the respondent an oral quotation for the printing and supply of a quantity of "gift calendars" and on 19th January 4954 the appellant wrote to the respondent in the following terms:

"We have pleasure in confirming your telephone quotation for the following -

Fifteen thousand (15,000) Gift Calendars size 8" x 5%" mounted, backed, with calendar tab attached, with ribbon and ribbon hanger, @ 10%d per unit, het. Terms: 30 days. These goods will not be packed with envelopes.

Would you please have thé above goods packed in 41 gross lots sorted, i.e.,-1 of each design, and

have the same ready for delivery to our warehouse