Precision Coating Services Pty Limited and Another v Building Equipment Services Pty Ltd [2012] NSWSC 550

Precision Coating Services Pty Limited and Another v Building Equipment Services Pty Ltd [2012] NSWSC 550

The magistrate's finding that it was an implied term of the agreement that the colour coating should be able to withstand bending was made without evidence. That conclusion could not be reached as a matter of common sense or common knowledge and was not a matter for judicial notice. The error was an error of law, so the plaintiffs were entitled to have the matter dealt with according to law.

Jurisdiction
Australia
Judgment Date
15 May 2012
Procedural Posture
Appeal to Supreme Court From Local Court on a Question of Law / Principal Judgment
Outcome
Appeal allowed; Local Court judgment and orders set aside; claim and cross-claim remitted to the Local Court; defendant ordered to pay plaintiffs' costs in this Court.
Legal Topics
['appeal From Local Court' 'question of Law' 'finding of Fact Without Evidence' 'misleading and Deceptive Conduct' 'implied Term' 'powder Coating Services']
['civil Procedure' 'contract Law' 'consumer Law'] ['appeal From Local Court' 'question of Law' 'finding of Fact Without Evidence' 'misleading and Deceptive Conduct' 'implied Term' 'powder Coating Services']

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Procedural Posture

Appeal to Supreme Court From Local Court on a Question of Law / Principal Judgment

Legal Issues

  1. 1 ['Whether the magistrate made a finding of fact without evidence that powder-coated conduit had to be able to withstand bending or post-forming.' 'Whether that finding supported the conclusion that silence about substituting powder amounted to misleading and deceptive conduct under s 52 Trade Practices Act 1974.' 'Whether the Local Court judgment and orders should be set aside and the matter remitted.']

Ratio Decidendi

The magistrate's finding that it was an implied term of the agreement that the colour coating should be able to withstand bending was made without evidence. That conclusion could not be reached as a matter of common sense or common knowledge and was not a matter for judicial notice. The error was an error of law, so the plaintiffs were entitled to have the matter dealt with according to law.

Court Disposition

Appeal allowed; Local Court judgment and orders set aside; claim and cross-claim remitted to the Local Court; defendant ordered to pay plaintiffs' costs in this Court.

Orders

  • ['The appeal is allowed and the judgment and orders of the court below are set aside.' 'The Court remits the claim and the cross-claim to the Local Court to be dealt with according to law by a magistrate other than the magistrate whose decision is appealed against.' "The Court orders the defendant to pay the...