Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Medtel Pty Limited v Courtney [2003] FCAFC 151 TRADE PRACTICES AND CONSUMER PROTECTION - s 74D of the Trade Practices Act 1974 (Cth) batch of pacemakers subject to hazard alert because of higher than usual risk of premature failure – only a small proportion of the batch actually failed prematurely - whether a particular pacemaker still functioning at the time of the trial can nonetheless be found to be not of merchantable quality – statutory test of merchantable quality – use to be made of later-acquired information – relevance of superadded risk of failure.
Trade Practices Act 1974 (Cth), ss 74B, 74D Apollo Shower Screens Pty Ltd v Building and Construction Industry Long Service Payments Corporation [1985] 1 NSWLR 561 referred to Australian Knitting Mills Limited v Grant (1933) 50 CLR 387 referred to Blatch v Archer (1774) 1 Cowp 63 at 65; 98 ER 969 cited Cavalier Marketing (Australia) Pty Ltd v Rasell (1990) 96 ALR 375 cited Fox v Percy (2003) 197 ALR 201 cited Graham Barclay Oysters Pty Ltd v Ryan (2000) 102 FCR 307 referred to Hardwick Game Farm v Suffolk Agricultural Poultry Producers Association [1969] 2 AC 31 discussed Shepherd v Felt and Textiles of Australia Ltd (1931) 45 CLR 359 referred to Wardley Australia Ltd v Western Australia (1992) 175 CLR 514 referred to MEDTEL PTY LIMITED (ACN 076 530 946) V KEVIN GLYNN COURTNEY N 661 of 2000 MOORE, BRANSON & JACOBSON JJ SYDNEY 7 JULY 2003
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 661 of 2000
APPLICATION FOR LEAVE TO APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: MEDTEL PTY LIMITED (ACN 076 530 946)
APPLICANT/APPELLANT
AND: KEVIN GLYNN COURTNEY
RESPONDENT
JUDGES: MOORE, BRANSON & JACOBSON JJ
DATE OF ORDER: 7 JULY 2003
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