Metro Plating Pty Ltd v NQEA Australia Pty Ltd [1995] FCA 746

CATCHWORDS CONTRACT - Implied terms - paint work on hull of motor yacht - whether plaintiff contracted for particular visual effect or paint surface or underlying surface within specified and reasonable physical attributes and tolerances - whether defendant in breach of implied term to use reasonable care and skill in preparation of work contracted for or preparation of surface for painting - whether defendant failed to take reasonable steps to remove observable or ascertainable areas of corrosion - whether defendant caused damage to vessel or carried out defective repair work - duty to exercise skill and care appropriate to a competent and skilled yacht painter. Codelfa Constructions Pty Ltd v. State Rail Authority of New South Wales (1982) 149 CLR 337 Hawkins v. Clayton (1988) 164 CLR 539 Commonwealth v. Amaan Aviation Pty Ltd (1991) 174 CLR 64 Auburn Municipal Council v. ARC Engineering Ltd [1973] 1 NSWLR 513 Smail v. D.L. Starbuck Pty Ltd [1971] VR 449 Metro Plating Pty Limited v. NQEA Australia Pty Limited No. NG569 of 1993 Cooper J., Brisbane, 15 September 1995

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION IN ADMIRALTY No. NG569 of 1993 BETWEEN: METRO PLATING PTY. LIMITED (A.C.N. 000 754 969) Plaintiff AND: NQEA AUSTRALIA PTY. LIMITED (A.C.N. 009 679 207) Defendant JUDGE MAKING ORDER:Cooper J. WHERE MADE: Brisbane DATE OF ORDER: 15 September 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The action be dismissed and judgment be entered in favour of the defendant against the plaintiff. 2. The plaintiff pay the defendant's costs of and incidental to the action, including reserved costs, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.