War Disposals Case in

Melbourne Tanker Was Oil Barge

AN award of £756/10/- has been made in the Australian High Court claim for £269,715 damages over the purchase from the Commonwealth Disposals Com mission of an “oil tanker’’ wrecked off New Guinea.

Francis Edward Mcßae and Keith Mc- Rae, trading as the Mcßae Trading, Co., metal merchants, of Exhibition Street, Melbourne, sued the Commonwealth, the Commonwealth Disposals Commission and two commission officers for alleged breach of contract, deceit and negligence.

Mr. Justice Webb found that the “tan ker” was actually a non-propelled oil barge. He did not think it was an oil tanker as that term was understood. As there was no oil tanker to sell, there was no contract.

Plaintiffs had claimed, he said, that the commission had information before the balance of the purchase money was paid that the ship was a barge-type tan ker and its machinery was ruined.

He found deceit and negligence only in the fact that the commission’s New Guinea regional manager had not in formed the plaintiffs of the mutual mis take of the parties. The natural consequence of his silence was that the plaintiffs paid the balance and went to the expense of searching for the oil “tanker.”