Narellan Pools Pty Ltd v Huntsman Chemical Company Australia Pty Ltd [2010] FCA 267

FEDERAL COURT OF AUSTRALIA

Narellan Pools Pty Ltd v Huntsman Chemical Company Australia Pty Ltd [2010] FCA 267

Citation: Narellan Pools Pty Ltd v Huntsman Chemical Company Australia Pty Ltd [2010] FCA 267

Parties: NARELLAN POOLS PTY LTD and NARELLAN FRANCHISE PTY LTD v HUNTSMAN CHEMICAL COMPANY AUSTRALIA PTY LTD

File number: NSD 190 of 2006

Judge: EDMONDS J

Date of judgment: 25 March 2010

Catchwords: TRADE PRACTICES – consumer protection – s 52 Trade Practices Act 1974 (Cth) – whether representations by the respondent were misleading or deceptive or likely to mislead or deceive – s 51A(1) Trade Practices Act 1974 (Cth) – representations as to future matters – whether the respondent had reasonable grounds for making them – s 53(a) Trade Practices Act 1974 (Cth) – whether the respondent's conduct in making representations falsely represented that the goods supplied were of a particular standard, quality, grade, composition or have had a particular previous use.

HELD: that the representations were misleading or deceptive or likely to mislead or deceive in contravention of s 52 of the Trade Practices Act 1974 (Cth); that the respondent's conduct in making them also contravened s 53(a) of that Act.

CONTRACT – breach of contract – s 19(1) Sale of Goods Act 1923 (NSW) – fit for purpose – whether the goods supplied by the respondent were fit for the purpose expressly made known to the respondent by the first applicant – s 19(2) Sale of Goods Act 1923 (NSW) – merchantable quality – whether goods bought by description from the respondent, which dealt in goods of that description, were of merchantable quality – causation – whether the cause of the damage were the goods supplied by the respondent.