High Court of Australia
IN THE HIGH COURT OF AUSTRALIA
a — SAW — ~ PEANUT MARKETING POARD
REASONS FOR JUDGMENT
FILED
~ 2.N6G. 1964 BRISBANE REGISTRY
Judgment delivered at__SYDNEY on_THURSDAY, 30th JULY 1964 _
'A.C. Brooks, Government Printer, Melbourne 7630/60
SHAW
ve
THE PEANUL MARKETING BOARD
ORDER
Appeal allowed with costs.
Set aside order of Supreme Court disallowing
plaintiff's appeal and in lieu thereof order that plaintiff's
appeal be allowed with costs.
Direct that verdict and judgment for the plaintiff
be varied by substituting the sum of £12,409.15.3 for the
sum of £9,307.7.6.
SHAW
ve
THE PEANUT MARKETING BOARD
JUDGMENT BARWICK C.J.
ve
THE PEANUT MARKETING BOARD
The plaintiff who at the time of the events the subject of this action had been employed by the defendant as a labourer for some four or five months, sued it for damages for its negligence in the handling of bags of peanuts whilst being stacked, each bag weighing between 50 lbs. and 70 lbs.
At the hearing of the action before the Supreme Court in Maryborough, Queensland, the trial judge found for the plaintiff, assessed total damages in the sum of £12,409.15.3, found the plaintiff to have contributed to the result by his own negli- gence and, having apportioned twenty-five per cent of the responsibility for the result to the plaintiff, found a verdict for the plaintiff for £9307.7.6 and entered judgment accordingly. This verdict and judgment were appealed by the plaintiff to
the Full Court of the Supreme Court of Queensland on the grounds (i) that there was no evidence of negligence on the part of
the plaintiff contributing to the occurrence, (ii) that, if there were, it was not such as to warrant the trial judge's finding in this respect, and (iii) that, failing acceptance
of either of these grounds, the amount apportioned to the plaintiff's responsibility for that consequence was too high.
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