Crago, Peter & Anor v Multiquip Pty Ltd & Anor [1997] FCA 913

Crago, Peter & Anor v Multiquip Pty Ltd & Anor [1997] FCA 913

The applicants failed to establish that the ostrich incubators were goods of a kind ordinarily acquired for personal, domestic or household use for the purpose of Division 2A of the Trade Practices Act 1974; therefore, the claims under ss 74B and 74D failed. The applicants did not prove that the incubators were not fit for purpose or that their design was so deficient as to be misleading or negligent for the purposes of s 52, s 53(a) or in negligence. The evidence showed that Multiquip incubators of the relevant design were widely used with success. Claims against Dunogan failed as there was no sufficient evidence of specific defects or that the implied statutory terms were breached.

Jurisdiction
Australia
Judgment Date
10 September 1997
Procedural Posture
Application / Final Judgment
Outcome
Application dismissed with costs
Legal Topics
['liability of Manufacturers' 'misleading or Deceptive Conduct' 'fitness for Purpose' 'merchantable Quality' 'implied Warranties']
['trade Practices' 'negligence' 'sale of Goods'] ['liability of Manufacturers' 'misleading or Deceptive Conduct' 'fitness for Purpose' 'merchantable Quality' 'implied Warranties']

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Procedural Posture

Application / Final Judgment

Legal Issues

  1. 1 ['Whether ostrich incubators are goods of a kind ordinarily acquired for personal, domestic or household use or consumption within the meaning of s 74A(2)(a) of the Trade Practices Act 1974' 'Whether Multiquip engaged in misleading and deceptive conduct under s 52 and s 53(a) of the Trade Practices Act 1974' 'Whether there was negligence by Multiquip in design or manufacture of the incubators' 'Whether Dunogan breached implied terms under s 19(1) and s 19(2) of the Sale of Goods Act 1923 (NSW)']

Ratio Decidendi

The applicants failed to establish that the ostrich incubators were goods of a kind ordinarily acquired for personal, domestic or household use for the purpose of Division 2A of the Trade Practices Act 1974; therefore, the claims under ss 74B and 74D failed. The applicants did not prove that the incubators were not fit for purpose or that their design was so deficient as to be misleading or negligent for the purposes of s 52, s 53(a) or in negligence. The evidence showed that Multiquip incubators of the relevant design were widely used with success. Claims against Dunogan failed as there was no sufficient evidence of specific defects or that the implied statutory terms were breached.

Court Disposition

Application dismissed with costs

Orders

  • ['The application is dismissed with costs.']