Dunbrae Pty Ltd v Armani Restaurant Pty Ltd (No. 2) [2023] NSWDC 25

Dunbrae Pty Ltd v Armani Restaurant Pty Ltd (No. 2) [2023] NSWDC 25

The Sales Contract made on 10 May 2015 validly included a 5 year parts and labour warranty for Angelo Po equipment, with the handwritten warranty amendments prevailing over inconsistent printed terms and without any condition requiring Restaurant to enter a preventative maintenance agreement. The Preventative Maintenance Service Contract made on 19 July 2017 was a separate stand-alone contract and did not vary or replace the Sales Contract warranty. Because neither party adduced expert evidence sufficient to prove, on the balance of probabilities, either systemic defect/unacceptable quality or misuse causing the high number of service calls, the invoice claims had to be determined item by...

Jurisdiction
Australia
Judgment Date
07 February 2023
Procedural Posture
Civil Contract and Australian Consumer Law Proceedings With Cross Claim / Principal Judgment After Hearing
Outcome
Judgment for the defendant/cross-claimant against the plaintiff/cross-defendant in the balance sum of $2,097.20; costs reserved.
Legal Topics
['construction of Sales Contract and Warranty' 'parol Evidence Rule' 'handwritten Amendments to Printed Contract' 'preventative Maintenance Service Contract' 'warranty Exclusions and Consumable Items' 'acceptable Quality Under Australian Consumer Law' 'misleading or Deceptive Conduct' 'need for Expert Evidence' 'set Off and Judgment for Balance']
['contract Law' 'australian Consumer Law' 'sale of Goods' 'evidence' 'civil Procedure'] ['construction of Sales Contract and Warranty' 'parol Evidence Rule' 'handwritten Amendments to Printed Contract' 'preventative Maintenance Service Contract' 'warranty Exclusions and Consumable Items' 'acceptable Quality Under Australian Consumer Law' 'misleading or Deceptive Conduct' 'need for Expert Evidence' 'set Off and Judgment for Balance']

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Procedural Posture

Civil Contract and Australian Consumer Law Proceedings With Cross Claim / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the Sales Contract made 10 May 2015 included an enforceable 5 year parts and labour warranty for Angelo Po equipment.' 'Whether the warranty was conditional on Restaurant entering into, or complying with, a preventative maintenance service agreement.' 'Whether the Preventative Maintenance Service Contract made on 19 July 2017 varied, replaced, or stood separately from the Sales Contract warranty.' 'Which invoices claimed by GFE were for work outside warranty or within warranty exclusions, and which invoices claimed by Restaurant were for work covered by warranty.' 'Whether the equipment was not of acceptable quality, not fit for purpose, or insufficiently durable under ACL s 54.' 'Whether GFE made misleading or deceptive representations contrary to ACL s 18.' 'Whether either party proved misuse, defect, or causation without expert opinion evidence.']

Ratio Decidendi

The Sales Contract made on 10 May 2015 validly included a 5 year parts and labour warranty for Angelo Po equipment, with the handwritten warranty amendments prevailing over inconsistent printed terms and without any condition requiring Restaurant to enter a preventative maintenance agreement. The Preventative Maintenance Service Contract made on 19 July 2017 was a separate stand-alone contract and did not vary or replace the Sales Contract warranty. Because neither party adduced expert evidence sufficient to prove, on the balance of probabilities, either systemic defect/unacceptable quality or misuse causing the high number of service calls, the invoice claims had to be determined item by...

Court Disposition

Judgment for the defendant/cross-claimant against the plaintiff/cross-defendant in the balance sum of $2,097.20; costs reserved.

Orders

  • ['Judgment for the defendant/cross-claimant against the plaintiff/cross-defendant in the balance sum of $2,097.20.' 'Costs reserved (as requested by the parties).']