Woolworths Limited v Crotty [1942] HCA 35

Re acca | Sov Wie v Lidv Polakow — Willams TBALRS53". (Demolition, Tad (198 ONSWER 1

66 C.L.R.] OF AUSTRALIA. 603

[HIGH COURT OF AUSTRALIA.]

WOOLWORTHS LIMITED . : : : . APPELLANT ; DEFENDANT,

AND

CROTTY : : ' : : ' . RESPONDENT. PLAINTIFF,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

Compensation to Relatives—Lord Campbell's Act—Application of Act—Death caused H. CG. or A. by breach of contract—Compensation,to Relatives Act 1897-1928 (N.S.W.) (No. 31 1942. of 1897—No. 8 of 1928), secs. 3, 4. SN

+The application of the Compensation to Relatives Act 1897-1928 (N.S.W.) D SERB (Lord Campbell's Act) is not limited to cases where death is caused by a tort ; MaDe ee the Act applies also to cases where death is caused by a breach of contract. iia Cis € ich ani

Decision of the Supreme Court of New South Wales (Full Court): Crotty McTiernan JJ. v. Woolworths Ltd., (1942) 59 W.N. (N.S.W.) 164, affirmed.

AppraL from the Supreme Court of New South Wales.

An action was brought in the Supreme Court of New South Wales by Elizabeth Catherine Crotty under the Compensation to Relatives Act 1897-1928 (N.S.W.), to recover from the defendant, Woolworths Ltd., the amount of the pecuniary loss occasioned to her and her husband by the death of their son.

The declaration, as amended, contained four counts :—(a) based on sec. 19 (1) of the Sale of Goods Act 1923-1937 (N.S.W.), alleging breach of an implied condition in the contract of sale of an electric light globe purchased by the plaintiff's said son from the defendant that the globe was reasonably fit for the purpose for which it was required, whereby the said son was killed ; (6) alleging that the defendant in selling warranted that the globe was reasonably fit to be used for the purpose of illumination, the breach resulting in death ; (c) that