La Macchia v Aslan [2006] NSWLC 50

Local Court of New South Wales

CITATION: La Macchia v Aslan [2006] NSWLC 50 JURISDICTION: Civil PARTIES: David La Macchia Askin Aslan FILE NUMBER: 6206/05 PLACE OF HEARING: Downing Centre Local Court DATE OF DECISION: 12/18/2006 MAGISTRATE: Magistrate H Dillon CATCHWORDS: Contracts - Motor vehicle repairs - Whether defendant breached implied term that works would be carried out with due care and skill - Whether defendant supplied materials that were not fit for the purpose. LEGISLATION CITED: CASES CITED: REPRESENTATION: Mr G. Gemmell (counsel) instructed by Vincent Pelosi Solicitors Mr E. Englebrecht (counsel) ORDERS: Verdict for plaintiff in the sum of $12,409. Interest to be calculated by the Registrar on that sum from 4 June 2004. Costs reserved with parties to have liberty to apply on seven days notice.

JUDGMENT

1. In 2003, the plaintiff, Mr David La Macchia, entered a contract with the defendant Mr Aslan, who trades under the name Leading Edge Motorsport, for certain work to be done on his Mazda RX-3 sports car. Mr La Macchia brings this claim because he alleges that the work done on his car was performed poorly by Mr Aslan and because he also asserts that Mr Aslan installed a defective engine and parts in the car thereby breaching his contract with Mr La Macchia. Mr Aslan denies the assertions. Mr La Macchia claims damages in the sum of $21,420.

2. While evidence was taken over four days from a number of witnesses including experts, the issues for determination are reasonably simple. First, when was the agreement reached? Second, what were its terms? Third, did Mr Aslan breach the agreement by failing to carry out the agreed works with due care and skill and by supplying defective parts or failing to install new parts? Fourth, did Mr Aslan supply parts that were not fit for the purpose for which they were supplied? Fifth, for what purpose or purposes did Mr La Macchia have the work done? Finally, did Mr La Macchia suffer a loss as a result of a breach or breaches of contract and, if so, what is the quantum of that loss?