McGrath Trailer Equipment Pty. Ltd v Smith

CourtCourt of Appeal
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7 cases
  • Wise v Kaye
    • United Kingdom
    • Court of Appeal
    • 1 December 1961 the judgment of Chief Justice herring and Mr. Justice Barry in ( McGrath Trailer Equipment Property Co. Ltd. v. Smith 1956 Victoria Law Reports page 738) which also rejects the argument which has been advanced here. 36 In a difficult case I think Mr. Justice Finnemore came to a conclusio......
  • West (H.) & Son Ltd v Shephard
    • United Kingdom
    • House of Lords
    • 27 May 1963
    ...I agree with the observations of Sellers, L.J. and Upjohn, L.J. in Wise v. Kaye and also of Herring, C.J. and Barry, J. in McGrath Trailer Equipment Pty, Ltd. v. Smith, 1956 V.L.R. 738. 85 Even so, it is contended that such a situation as arose in Wise v. Kaye where a plaintiff became and ......
  • Skelton v Collins
    • Australia
    • High Court
    • Invalid date
  • Gerke, NO v Parity Insurance Co Ltd
    • South Africa
    • Invalid date
    ...which may be excluded thereby (see p. 265, letter C, and p. 268, letter I, post). McGrath Trailer Equipment Pty. Ltd. v. Smith (1956) V.L.R. 738, Hayman v. Pike, 1958 S.A.S.R. 72, applied. By reason of the negligent driving of the defendants_, the plaintiff, a girl B aged twenty, was render......
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