Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Groundhog Sales and Rentals Pty Ltd v Eastern Pearl Corporation [2012] FCAFC 113 Citation: Groundhog Sales and Rentals Pty Ltd v Eastern Pearl Corporation [2012] FCAFC 113
Appeal from: Eastern Pearl Corporation v Groundhog Sales and Rentals Pty Ltd [2012] FCA 406
Parties: GROUNDHOG SALES AND RENTALS PTY LTD ACN 091 781 797 v EASTERN PEARL CORPORATION
File number: QUD 234 of 2012
Judges: GREENWOOD, MCKERRACHER AND KATZMANN JJ
Date of judgment: 21 August 2012
Catchwords: CONTRACTS – appeal from dismissal of a cross-claim pleading that heavy earth-moving equipment sold was not fit for its intended purpose or of merchantable quality – whether the primary judge erred in finding an express oral term that equipment would be sold on an 'as is' basis – relevance of credibility findings made by primary judge in relation to witnesses – whether the primary judge erred in finding that it was a customary term to sell the equipment on an 'as is' basis
Legislation: Goods Act 1958 (Vic) ss 19, 61
Cases cited: Eastern Pearl Corporation v Groundhog Sales and Rentals Pty Ltd [2012] FCA 406 - cited
Date of hearing: 8 August 2012
Place: Brisbane
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 37
Counsel for the Appellant: J Catlin
Solicitor for the Appellant: Harwood Andrews
Counsel for the Respondent: PA Hastie
Solicitor for the Respondent: Plastiras Lawyers
IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 234 of 2012
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
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