MONARC STEEL PTY LTD v BRAMBLES HOLDINGS LTD [1991] NSWCA 204

MONARC STEEL PTY LTD v BRAMBLES HOLDINGS LTD

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY, PRIESTLEY and MEAGHER JJA 29 May 1991, 26 June 1991 [1991] NSWCA 204

CLAIM THAT CRANE HIRED BY DEFENDANT TO PLAINTIFF NOT ABLE TO LIFT PROMISED WEIGHT OF 35.6 TONNES

Appeal from Common Law Division — Action in contract — Claim that crane hired by defendant to plaintiff was not able to lift promised weight of 35.6 tonnes — Crane failed in lifting less than 35.6 tonnes — Trial judge held failure due to adhesions to other material of material being lifted, not to incapacity of crane. On appeal, contended that trial judge's findings of fact were wrong — Held: findings of fact correct. No issue of principle.

Mahoney JA The appellants were involved in work for the repair of a Brassert washer at the No 4 blast furnace at the steelworks at Port Kembla. The work they engaged to do involved the removal of the existing washer or parts of it. In order to carry out this work, the appellants hired from Brambles Holdings Limited, the respondent, a crane and a crane driver. It was, as it is now accepted, a term of the appellants' contract with the respondent that the crane, used in a particular way, should be able to lift 35.6 tonnes. The appellants were in the use of the crane unable to do what they wished to do in the demolition of the washer. They claimed that this was because the crane was not of the capacity which the respondent had promised. They therefore sued the respondent.

Giles J held that, although the crane did not do for the appellants what they had used it for, that did not result from the fact that, as promised, the crane could lift 35.6 tonnes: his Honour held that what happened resulted from another cause. He therefore dismissed the appellants' claim.

The appellants have appealed to this Court against his Honour's judgment.