WALTER H. WRIGHT PTY. LTD. V. NAUBURAS AND THE COMMONWEALTH OF AUSTRALIA 1/1180

Me. | off 1778 ye

IN THE HIGH COURT OF AUSTRALIA

~——-WALTER_H._WRIGHT_PTY

OF AUSTRALIA

asia

op'®

REASONS FOR JUDGMENT

Judgment delivered at..MELBOURNE W. M. Houszox, Gort. Print, Melb. _ on TUESDAY, "TH MARCH, 1958.

C1978 /58

WALTER H. WRIGHT PTY. LID.

v.

NAUBURAS AND THE COMMONWEALTH OF AUSTRALIA

'ORDER

Appeal dismissed with costs.

WALTER H. WRIGHT PTY. LTD.

ve

NAUBURAS AND THE COMMONWEALTH OF AUSTRALIA

TRENT JUDGMENT OF THE COURT ORAL ' DELIVERED BY DIXON C.J.

CORAM: DIXON C.J. WILLIAMS J. WEBB J. FULLAGAR J. TAYLOR J.

WALTER H, WRIGHT PTY, LTD,

ve

NA AND CO) |ALTH OF AUSTRALIA

We have all reached the conclusion that this appeal should be dismissed and I shall state our reasons very shortly. The case for the appellant has been fully argued and no advantage would be obtained by making a detailed statement of the facts. The question at issue comes before us in what is, perhaps, an 'unusual way. The plaintif?, who is not a party to the appeal, sued two defendants, one being the Commonwealth and the other the appellant company. Part of the business of the latter is the using of mobile cranes for the lifting of heavy weights.

The plaintiff is the administratrix of Martin Nauburas who was killed as he was attempting to lift a heavy weight with the aid of his employer's crane. The accident took place on land belonging to, or at all events occupied by, the Commonwealth.

As administratrix of her deceased husband's estate the plaintiff sued under Lord Campbell's Act both Walter H. Wright Proprietary Limited and the Commonwealth as defendants, the cause of action being, stated broadly, in negligence.

A verdict was found for the plaintiff against both defendants, the damages awarded as apportioned being £4000 against the defendant appellant, Walter H. Wright Proprietary Limited, and £2000 against the defendant respondent, the Commonwealth.