Baffi & Anor v Mack Trucks Australia Pty Ltd [1983] FCA 321

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

'

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GENERAL DIVISION

BETWEEN:

BAFFI & ANOTHER and

MACK TRUCKS AUSTRALIA PTY. LTD.

ORDER

JUDGE MAKING ORDER Woodward J.

DATE OF ORDER 4 November 1983

WHERE MADE Melbourne

THE COURT ORDERS THAT:

The application be dismissed with costs.

No. 89 of 1982

Applicant

Respondent

ry

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY No. 89 of 1982

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GENERAL DIVISION

BETWEEN: BAFFI & ANOTHER Applicant and MACK TRUCKS AUSTRALIA PTY. LTD. Respondent

CORAM: Woodward J.

DATE: 4 November 1983

REASONS FOR JUDGMENT

This is an unfortunate case in which the first-named applicant (whom I shall refer to for convenience as 'the applicant') ventured into the interstate haulage business with no capital and only limited experience. In the result he has lost a great deal of money. I am satisfied from all the evidence before me that the business which he contemplated - regular trips between Perth and Melbourne or Sydney - could only have been moderately profitable if all his hopes had been realized. It was necessary that his semi-trailer should be on the road for almost the whole

year, and should average three return trips a month, in order for

him to show a reasonable profit. The evidence strongly suggests

that even these assumptions were quite unrealistic. If his truck was off the road for any length of time, it was clear that he

would be in great difficulties.

In the event his truck was off the road quite frequently in the nine months he operated it and it required some quite expensive repairs in that time. On a few occasions the length of time off the road was increased substantially by the applicant's inability to pay for repairs. Eventually the point was reached where he was months behind with his hire purchase payments, found himself unable to pay for a major repair and had to allow the truck to be repossessed at a further substantial loss. He already