High Court of Australia
oor
'HL J. Green, Govt. Print, Melb.
f | i : i
(<e
IN THE HIGH COURT OF AUSTRALIA.
McDERMOTT
COLLIEN & LUFF
QRDER
The plaintiff's claim for rescission and the return of the purchase money fails, but the claim for damages for breach of warranty succeeds. Questions as to the form of judgment and as to costs reserved
further pending/argument, as desired by the parties.
JUDGMENT? .
McDERMOTT. Ve
COLLIEN & LUFF.
WEBB J.
McDERMOTI. ve COLLIE} Li
JUDGMENT . WEEB_J.
This action in the original jurisdiction of the Court aftises out of the sale of an. Austin A90 motor car for £1200 at Gundagai in New South Wales on 21st August, 1950. The sale was
and sub-agents for Austin cares,
made by the defendants, residents of Gundagai/ to the plaintiff, a@ resident of Caulfield in Victoria. The plaintiff claims (4) rescission of this agreement for sale; (2) the return of the
alternatively damages for breach of warranty. £1150 purchase money paid by him; and (3) damages;/ The claim is based on alleged breaches of an express condition of sale, and of implied conditions of sale under the Sale of Goods Act. The Sale of Goods Act of New South Wales is in all material particulars the same as that of Victoria, so that to this extent it is immaterial whether the law of the contract is that of New South Wales or of Victoria.
The plaintiff alleges that the sale was subject to the express condition that the car with equipment and accessories, i.e. tools and instruction book, should be delivered to him in Melbourne in first-class new car condition; and to the implied conditions that it should be (1) fit for the purpose of being used as a motor car, and (2) of merchantable quality. I find that it was subject to that express condition, and proceed to deal with the case on that basis.
However, on the first of these two implied conditions Little, if any,argument was offered by Mr. Gowa ns for the plaintiff. But on the second implied conuaition there was full argument by counsel for both parties. But it is enough for me to say that on the facts as I find them, as later appears, I think that (1) the sale of this car was by description, and (2) that the
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate