Leadoo Pty Ltd trading as Champ East Hospitality Products v Rova Media Pty Ltd [2016] NSWDC 15

District Court New South Wales

Medium Neutral Citation: Leadoo Pty Ltd trading as Champ East Hospitality Products v Rova Media Pty Ltd [2016] NSWDC 15 Hearing dates: 22, 23 and 24 September 2015Written submissions: 12 October 2015 (Defendant) and 23 October 2015 (Plaintiff). Date of orders: 26 February 2016 Decision date: 26 February 2016 Jurisdiction: Civil Before: Hatzistergos DCJ Decision: Verdict and Judgment for the Plaintiff. See Orders at [123] Catchwords: CONTRACT – CONSUMER LAW – breach of guarantees – burden of proof – acceptable quality of goods – goods by description – goods by sample; EVIDENCE – uncontradicted expert opinion Legislation Cited: Competition and Consumer Act 2010 (Cth) Schedule 2 – Australian Consumer Law ss 54, 55, 56, 259 Civil Procedure Act 2005 (NSW) ss 21, 22, 56, 57 Uniform Civil Procedure Rules 2005 (NSW) r 16.6(1) Cases Cited: Arnold v Forsythe [2012] NSWCA 18 Effem Foods Ltd v Nicholls [2004] NSWCA 332 Courtney v Medtel Pty Ltd [2003] FCA36 Cavalier Marketing (Australia) Pty Ltd v Rasell and Another (1990) 96 ALR 375 Brodie v Singleton Shire Council (2001) 75 ALJR 992 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305 Category: Principal judgment Parties: Leadoo Pty Ltd trading as Champ East Hospitality Products (Plaintiff) Rova Media Pty Ltd (Defendant) Representation: Appearances: Mr B Gower (Solicitor for Plaintiff) Mr C Lambert (Counsel for Defendant)