Jones v Purnell Motors Pty Ltd & Anor [2010] NSWDC 82

New South Wales District Court

CITATION: Jones v Purnell Motors Pty Ltd & Anor [2010] NSWDC 82

HEARING DATE(S): 27-30 October 2009, 2-4 November 2009 and 4 December 2009

JUDGMENT DATE: 24 February 2010

JURISDICTION: Civil

JUDGMENT OF: Hungerford ADCJ

1. Verdict and judgment for the first defendant against the plaintiff. DECISION: 2. Plaintiff to pay the first defendant's costs as to 80% of those costs assessed on the ordinary basis. 3. Note action settled on 26 October 2009 as between the plaintiff and the second defendant and consent orders made.

CATCHWORDS: CONTRACT - Sale of motor vehicle – Wiring of four additional driving lights to roof rack – Incorrectly wired into vehicle's engine management system causing engine failure on overheating from extended use of lights – Negligence – Alleged breach of statutory conditions and warranties in performance of work – Loss and damage – Causal connection to work done in breach of duty of care – Whether within exclusive jurisdiction of Federal Court in view of the pleading under the Trade Practices Act 1974 (Cth) – Whether loss assessed against first defendant within damages settled with second defendant – Avoidance of "double counting" of loss – Damages against first defendant de minimus - Costs

Fair Trading Act 1987, ss 40Q, 40S, 40U and 40W LEGISLATION CITED: Motor Dealers Act 1974 Sale of Goods Act 1923, s 19 Trade Practices Act 1974 (Cth), ss 71, 74, 86 and 87 and Div 2 of pt V and Pt VI

Baxter v Obacelo Pty Ltd [2000] NSWCA 69; (2000) 48 NSWLR 522 Burgundy Royale Investments Pty Ltd v Westpac Banking Corporation (1987) 18 FCR 212 Fencott v Muller (1983) 152 CLR 570 Hooper v Kirella (1999) 167 ALR 358 CASES CITED: Kohnke v Karger [1951] 2 KB 670 Philip Morris Inc v Adam P Brown Male Fashions Pty Ltd (1981) 148 CLR 457 Stack v Coast Securities (No 9) Pty Ltd (1983) 154 CLR 261 Unilan Holdings Pty Ltd v Kerin (1993) 44 FCR 481 United Australia Ltd v Barclays Bank Ltd [1941] AC 1