Fullerton, Edward Colin James v Allstates Leasing System (NSW) Pty Ltd [1984] FCA 210

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YG MENT No. 2! Qa one [7

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION ~

STATE OF NEW "SOUTH WALES AND OF

) ) BANKRUPTCY DISTRICT OF THE ) No. P 881 of 1983 ) )

THE AUSTRALIAN CAPITAL TERRITORY

Re: EDWARD COLIN JAMES FULLERTON

EX PARTE:

CORAM:

DA'

s

PLACE:

ALLSTATES LEASING SYSTEM (N.S.W.) PTY. LIMITED

ORDERS

ST. JOHN, J. 28 JUNE 1984 SYDNEY

Sequestration order made.

Order pursuant to S. 52(1A)(b) of the Bankruptcy Act 1966 that the Official Receiver administer the estate of the bankrupt.

Order the debtor pay the costs of the petitioner

including the reserved costs.

2.

amount in respect of which the petition was issued. He bases his counter-claim "on $.71(2) of the Trade Practices Act 1974 which provides that there is an implied condition that goods supplied otherwise than by way of sale, and that of course would include lease. Those goods are reasonably fit for the purpose for which they are supplied where the buyer, or in this case the legsee, either expressly or by implication makes

known to the lés8or the purpose for which they are being

acquired.

That implied condition is subject to an exception where the circumstances show that the consumer does not rely or that it is unreasonable for him to rely on the skill or

judgment of, in this case, the lessor.

The debtor, Mr. Fullerton, has given evidence firstly that he is a very good mechanic, that he had some knowledge of this vehicle before he actually inspected it for the purpose of entering into the lease or deciding whether to enter into the lease, and that when he did inspect it to decide whether

or not to take it on lease he had the assistance of Mr.

- Thompson who was a qualified diesel engineer and who

apparently presently is a lecturer in diesel engineering at

some tertiary education centre.

On inspection Mr. Fullerton, and perhaps Mr. Thompson