James Spittles v Michael's Appliance Services Pty Ltd & Ors [2008] NSWCA 76

NSW Caselaw

Document text

Appeal Outcome: Special leave refused with costs by the High Court - 26 August 2008

New South Wales Court of Appeal

CITATION: James Spittles v Michael's Appliance Services Pty Ltd & Ors [2008] NSWCA 76 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 14 April 2008 JUDGMENT OF: Bell JA at 21; Handley AJA at 2; Barr J at 22

EX TEMPORE JUDGMENT DATE: 14 April 2008

DECISION: Appeal dismissed. Appellant is to pay the first respondent's costs of the appeal, and the second and third respondents have liberty to apply.

CATCHWORDS: TORT - Manufacturer - Statutory Liability for supply of defective goods - Supply - TRADE PRACTICES - Consumer Protection - Liability of Manufacturer for supply of defective goods - Supply

LEGISLATION CITED: Trade Practices Act 1974 (Cth)

CATEGORY: Principal judgment

Symes v Stewart (1920) 28 CLR 386 CASES CITED: Commonwealth of Australia v Sterling Nicholas Duty Free Pty Ltd (1971) 126 CLR 297 Ex parte Turner re Hardy (1947) 48 SR 133 Cook v Pasminco Ltd (2000) 99 FCR 548

TEXTS CITED: Palmer on Bailment

James Spittles (Appellant) PARTIES: Michael's Appliance Services Pty Ltd (First Respondent) Maytag (Australia) Pty Ltd (Second Respondent) Austmont Catering Equipment Pty Ltd (Third Respondent)

FILE NUMBER(S): CA 40306/07

COUNSEL: B W Rayment QC/C P Locke (Appellant) A J McInerney (First Respondent)

Velleley & Asssociates (Appellant) SOLICITORS: Moroney Lawyers (First Respondent) DLA Phillips Fox (Second Respondent) A R Conolly & Company (Third Respondent)

Read full text →

Official source

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.

Not checked yet

Last checked with source on —

Open official source

Checking whether the official page can be embedded…

Study brief

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.

Unknown

No study brief is cached for this law yet. Sign up to generate a plain-English brief.

You've got 21 of 22 free Acts left this visit. Sign up anytime for Facts, Related, and study briefs too.

Document text

Appeal Outcome: Special leave refused with costs by the High Court - 26 August 2008

New South Wales Court of Appeal

CITATION: James Spittles v Michael's Appliance Services Pty Ltd & Ors [2008] NSWCA 76 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 14 April 2008 JUDGMENT OF: Bell JA at 21; Handley AJA at 2; Barr J at 22

EX TEMPORE JUDGMENT DATE: 14 April 2008

DECISION: Appeal dismissed. Appellant is to pay the first respondent's costs of the appeal, and the second and third respondents have liberty to apply.

CATCHWORDS: TORT - Manufacturer - Statutory Liability for supply of defective goods - Supply - TRADE PRACTICES - Consumer Protection - Liability of Manufacturer for supply of defective goods - Supply

LEGISLATION CITED: Trade Practices Act 1974 (Cth)

CATEGORY: Principal judgment

TEXTS CITED: Palmer on Bailment

James Spittles (Appellant) PARTIES: Michael's Appliance Services Pty Ltd (First Respondent) Maytag (Australia) Pty Ltd (Second Respondent) Austmont Catering Equipment Pty Ltd (Third Respondent)

FILE NUMBER(S): CA 40306/07

COUNSEL: B W Rayment QC/C P Locke (Appellant) A J McInerney (First Respondent)

Velleley & Asssociates (Appellant) SOLICITORS: Moroney Lawyers (First Respondent) DLA Phillips Fox (Second Respondent) A R Conolly & Company (Third Respondent)

Read full text →