The Switch Décor Company Pty Ltd & Anor v Ganjekar [2016] NSWDC 123

District Court New South Wales

Medium Neutral Citation: The Switch Décor Company Pty Ltd & Anor v Ganjekar [2016] NSWDC 123 Hearing dates: 21-24 March 2016 Date of orders: 01 April 2016 Decision date: 01 April 2016 Jurisdiction: Civil Before: Neilson DCJ Decision: Verdict and judgment for the plaintiff, the Switch Décor Company Pty Ltd, against the defendant for $30,780.84

Verdict and judgment for the defendant against the plaintiff, Victoria Rydstrand

Defendant to pay the costs of the Switch Décor Company Pty Ltd

Plaintiff's costs in these proceedings include the costs of the summons filed by the defendant seeking a transfer of these proceedings from the Local Court at Murwillumbah to the District Court at Sydney Catchwords: CIVIL – Torts – Negligence – Defendant held himself out as a "professional engineer" – Defendant had a tradesmen's qualification as a fitter and first class machinist – Meaning of "engineer" and "professional" considered – Defendant expected to have university qualifications if holding himself out as a professional engineer – Defendant held to that standard of care – Whether plaintiff company relied on defendant's expertise – Plaintiff relied on defendant's representation that a flatbed printer had the capacity to print the plaintiff's range of products – It did not have that capacity – Defendant liable for losses incurred by plaintiff company to the extent they were established by the evidence Legislation Cited: Apprenticeship and Traineeship Act 2001 Tradespersons' Rights Regulation Act 1946 Cases Cited: L. Shaddock & Associates Pty Ltd v Parramatta City Council (1981) 150 CLR 225 San Sebastian Pty Ltd & Anor v The Minister Administering the Environmental Planning & Assessment Act 1979 (1986) 162 CLR 340; [1986] HCA 68 Smith v Bush [1990] 1 AC 831 Texts Cited: Francis Trindade, Peter Cane and Mark Lunney, The Law of Torts in Australia (Oxford University Press, 4th ed,2007) Category: Principal judgment Parties: Victoria Rydstrand (1st Plaintiff) The Switch Décor Company Pty Ltd (2nd Plaintiff) Sayeedprasad Ganjekar (Defendant) Representation: In person (1st Plaintiff) Ms V Rydstrand (2nd Plaintiff) Mr M Davis (Defendant) File Number(s): 2014/47726 Publication restriction: No