Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Olivaylle Pty Ltd v Flottweg AG [2010] FCAFC 62
Citation: Olivaylle Pty Ltd v Flottweg AG [2010] FCAFC 62
Appeal from: Olivaylle Pty Ltd v Flottweg GMBH & Co KGAA (No 4) [2009] FCA 522
Parties: OLIVAYLLE PTY LTD (ACN 080 670 640) v FLOTTWEG AG (ABN 95 101 547 424)
File number: SAD 85 of 2009
Judges: SPENDER, EMMETT AND JACOBSON JJ
Date of judgment: 2 June 2010
Catchwords: EVIDENCE – opinion evidence – s 79 Evidence Act 1995 (Cth) – whether no weight ought to be given to evidence already admitted
CONTRACTS – failure to satisfy a term – whether promisor bears onus of establishing compliance with the term
CONTRACTS – warranties – right of withdrawal created by contract – whether a period of grace must follow reasonable notice to rectify defects
Legislation: Evidence Act 1995 (Cth) s 79 Digest of Justinian 21.1
Cases cited: Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705
Date of hearing: 18 and 19 February 2010
Place: Adelaide
Division: GENERAL
Category: Catchwords
Number of paragraphs: 111
Counsel for the Appellant: R J Whitington QC and J B Teague
Solicitor for the Appellant: Wallmans Lawyers
Counsel for the Respondent: M C Hoffman QC and S J Doyle
Solicitor for the Respondent: Baker & McKenzie
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION SAD 85 of 2009
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN: OLIVAYLLE PTY LTD (ACN 080 670 640)
Appellant
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