Hospital Products Ltd v United States Surgical Corporation

156 CLR 41
55 ALR 417

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Court:

Judges: Gibbs CJ
Mason J
Wilson J
Deane J
Dawson J

Judgment date: 25 October 1984

Canberra

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ORDER

Appeal of the appellant allowed, and cross-appeal of the first respondent dismissed, with costs against the first respondent.

Cross-appeals of the second and fifth respondents allowed, with costs against the first respondent.

Cross-appeals of the third and fourth respondents allowed. No order as to costs.

Order of the Court of Appeal of the Supreme Court of New South Wales set aside, and in lieu thereof order as follows:--

(1)

Appeal by the appellant to that court dismissed with costs.

(2)

Cross-appeal by the first respondent in that court allowed in part. No order as to costs.

(3)

Cross-appeal by the second respondent in that court allowed. No order as to costs.

(4)

Cross-appeals by the third, fourth and fifth respondents in that court dismissed with costs.

(5)

Order of McLelland J set aside, and in lieu thereof order:--

(a)

Judgment for the second defendant in the action. No order as to costs.

(b)

Judgment for the third, fourth and fifth defendants in the action with costs.

(c)

Judgment for the plaintiff in the action against the first defendant for damages for breach of contract and for costs.

Remit the matter to the Supreme Court of New South Wales to assess damages and to enter judgment in favour of the plaintiff against the first defendant in the amount assessed.

Liberty to apply.