Griffiths v LMM Holdings Pty Ltd [2017] FCA 1212

FEDERAL COURT OF AUSTRALIA

Griffiths v LMM Holdings Pty Ltd [2017] FCA 1212 File number(s): QUD 747 of 2016

Judge(s): GREENWOOD J

Date of judgment: 11 October 2017

Catchwords: CONTRACTS – consideration of the question of whether an agreement for the purchase of a motor vehicle included a term that the vehicle be delivered "by the end of August 2015" – consideration of whether a representation as to the time for delivery was relied upon by the purchaser in purchasing the vehicle – consideration of whether an election on the part of the buyer to terminate the contract constituted a repudiation of the purchase contract – consideration of whether the purchaser discharged the burden of proof in relation to the reliance PRACTICE AND PROCEDURE - consideration of the principles to be applied by an appeal court in undertaking a re-hearing – consideration of the principles to be applied in determining challenges to findings of fact – consideration of the observations of the High Court in Robinson Helicopter Company Inc v McDermott (2016) 90 ALJR 679; 331 ALR 550 and especially the observations at [43]

Cases cited: Allesch v Maunz (2000) 203 CLR 172 Coulton v Holcombe (1986) 162 CLR 1 CSR Limited v Della Maddalena (2006) 224 ALR 1 Gould v Vaggelas (1984) 157 CLR 215 Lacey v Attorney-General (Qld) (2011) 242 CLR 573 Meehan v Jones (1982) 149 CLR 571 Robinson Helicopter Company Inc v McDermott (2016) 90 ALJR 679; 331 ALR 550 University of Wollongong v. Metwally [No. 2] (1985) 59 ALJR 481 Warren v Coombes (1979) 142 CLR 531 Whittaker v Child Support Registrar [2010] FCAFC 112