FRANKIPILE PTY LTD v ACSAS PTY LTD [1988] NSWCA 46

FRANKIPILE PTY LTD v ACSAS PTY LTD [1988] NSWCA 46

The respondent only warranted or represented a crane capacity of fourteen tonnes, not fifteen; there was no sufficient evidence that the crane failed to meet this; appellant failed to prove failure to mitigate or to establish a compensating benefit; appeal dismissed.

Parties
Appellant/defendant: Frankipile Pty Ltd; Respondent/plaintiff: Acsas Pty Ltd
Jurisdiction
Australia
Judgment Date
07 November 1988
Procedural Posture
Civil Appeal / Court of Appeal Decision
Outcome
Appeal dismissed with costs.
Legal Topics
Hire of Goods, Contractual Representations and Warranties, Burden of Proof and Admissibility of Evidence, Mitigation of Damages
Contract Law Evidence Damages Hire of Goods Contractual Representations and Warranties Burden of Proof and Admissibility of Evidence Mitigation of Damages

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Parties

Frankipile Pty Ltd

Appellant/defendant

Acsas Pty Ltd

Respondent/plaintiff

Procedural Posture

Civil Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether a representation or warranty was made as to crane's capacity (fifteen or fourteen tonnes)
  2. 2 Whether the evidence justified admitting secondary evidence of lost documents
  3. 3 Whether the plaintiff/respondent failed to mitigate damages

Ratio Decidendi

The respondent only warranted or represented a crane capacity of fourteen tonnes, not fifteen; there was no sufficient evidence that the crane failed to meet this; appellant failed to prove failure to mitigate or to establish a compensating benefit; appeal dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed
  • Appellant to pay the costs of the appeal