NSW Caselaw
New South Wales Court of Appeal
CITATION : W M Johnson Pty Ltd v Maxwelton (Oaklands) Pty Ltd [2000] NSWCA 286 FILE NUMBER(S) : CA 40136/99 HEARING DATE(S) : 25 September 2000 JUDGMENT DATE : 23 October 2000
PARTIES : W M Johnson Pty Ltd - Appellant Maxwelton (Oaklands) Pty Ltd - Respondent JUDGMENT OF : Priestley JA at 1; Giles JA at 2; Heydon JA at 40
LOWER COURT JURISDICTION : District Court LOWER COURT DC 42/97 FILE NUMBER(S) : LOWER COURT Puckeridge DCJ JUDICIAL OFFICER :
COUNSEL : M G Skinner - Appellant J S Van Alst - Respondent SOLICITORS : Fleming Muntz, Albury David Kotthoff, Corowa CATCHWORDS : SALE OF GOODS - warranty of merchantability under s 71(1) Trading Practices Act - finding of unmerchantabily upheld - no error in assessment of damages - no question of principle. ND DECISION : Appeal dismissed with costs.
THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40136/99 DC 42/97
PRIESTLEY JA GILES JA HEYDON JA Monday 23 October 2000 W M JOHNSON PTY LTD v MAXWELTON (OAKLANDS) PTY LTD JUDGMENT 1 PRIESTLEY JA: I agree with Giles JA. 2 GILES JA: This is an appeal by leave from a verdict and judgment for damages of $59,647.00 plus interest for breach of implied conditions of merchantability and fitness for purpose on the sale of a hay baler. The appellant contended that there were no implied conditions; that the implied conditions had not been breached; and that there were errors in the assessment of damages. For the reasons which follow, in my opinion the appeal should be dismissed with costs.
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