Dismissal Of Appeal In Damages Case

Press, Volume CVIII, Issue 31865, 18 December 1968, Page 34

Dismissal Of Appeal In Damages Case

(New Zealand Press Association) WELLINGTON, December 17. The Court of Appeal today dismissed the appeal brought by Christchurch Ready-mix Concrete, Ltd, against the decision of Mr Justice Wilson in the Supreme Court at Christchurch on April 22, 1968, when he awarded $3OOO general and $l3OO special damages to George Beal, of Belfast, a farmer, for personal injuries.

Mr Beal, to smooth off concrete, had knelt on it and suffered a severe chemical burn. At the hearing Mr C. B. Atkinson, with him Mr R. J. De Goldie, appeared for the appellant. Mr P. T. Mahon, with him Mr J. R. Fox appeared for the respondent.

The court comprised Mr Justice North (president), Mr Justice Turner, and Mr Justice Hardie Boys. Mr Justice North concluded that counsel for the appellant had not established the grounds of his appeal. The concrete supplied by the appellant was not of merchantable quality. The article was not merchantable if it had defects unfitting it for its only proper use but not apparent on an ordinary examination, the judgment said. Accordingly, the appellant was liable for the damages sustained by the respondent because the appellant company was in breach of the conditions implied by the Sale of Goods Act.