Federal Court of Australia
Federal Court of Australia
Janbar Pty Ltd v Arborcrest Pty Ltd [2020] FCA 1519 File number: SAD 148 of 2018
Judgment of: WHITE J
Date of judgment: 21 October 2020
Catchwords: CONTRACTS – breach of implied statutory warranties under s 32(2) of the Building Work Contractors Act 1995 (SA) – consideration of the jurisdiction of the Federal Court of Australia under s 40 – whether window and door system installation was fit for purpose under s 32(2)(f) – apportionment of liability and contributory negligence. CONSUMER LAW – misleading or deceptive conduct under s 18 of the Australian Consumer Law – whether alleged representations were made and misleading or deceptive.
Legislation: Australian Constitution ss 75, 76, 77 Australian Consumer Law ss 18, 57, 236 Competition and Consumer Act 2010 (Cth) ss 87CB, 87CD, 137B Evidence Act 1995 (Cth) s 46 Federal Court of Australia Act 1976 (Cth) s 19 Judiciary Act 1903 (Cth) s 39B Trade Practices Act 1974 (Cth) s 74(2) Acts Interpretation Act 1915 (SA) s 34 Building Work Contractors Act 1995 (SA) ss 3, 32, 37, 40 Development Act 1993 (SA) ss 4(1), 45(2), 67, 72 Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001 (SA) ss 3, 7, 8 Magistrates Court Act 1991 (SA) ss 3, 8, 10, 38 Sale of Goods Act 1895 (SA) s 15 Development Regulations 2008 (SA) regs 4(1), 83 Planning, Development and Infrastructure (General) Regulations 2017 (SA)
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