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The Council of the City of Sydney v West (1965) 114 CLR 481

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by

Xiuyuan Xie

on 8 April 2014

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Transcript of The Council of the City of Sydney v West (1965) 114 CLR 481

Facts
Legal issue
Decision
Legal principles
Mr. West parked his car in the Council of the City of Sydney parking station.

Mr. West found his car was missing.

Ticket with “conditions” was handed to Mr. West.

Mr. West’s car was taken by a stranger with a duplicate ticket

Thank you!
Any questions?

Whether The Council of the City of Sydney should take the responsibility for the loss of Mr. West???

Appeal dismissed with costs $1,300.

Exemption clauses will not normally be construed as limiting or excluding liability for acts done outside the terms or scope of the contract.

Negligence?? OR Breach of contract???

(1965) 114 CLR 481
Presented by :
Jing Dai 440409148
Xiuyuan Xie 440060709

The Council of the City of Sydney v West
Conditions on the 'ticket'
“This card must be presented to attendant to obtain release of vehicle”

Relevant “Parking Conditions”: 1. The Council does not accept any responsibility for the loss or damage to any vehicle or for loss of or damage to any article or thing in or upon any vehicle or for any injury to any person however such loss, damage or injury may arise or be caused.
Full transcript