Actol Pty Ltd v Rise Products; Rise Products v Benth Holdings Pty Ltd t/as Gledswood Projects [2022] NSWCATCD 150

Actol Pty Ltd v Rise Products; Rise Products v Benth Holdings Pty Ltd t/as Gledswood Projects [2022] NSWCATCD 150

The Tribunal found the contract between Actol and Rise Products was for supply only (not installation) of RiseWall panels, so no statutory warranties applied. Actol did not acquire the goods as a 'consumer' under the ACL because the panels were acquired for use in production/manufacture. The misleading/deceptive conduct claim failed for lack of proof of detrimental reliance or misleading representations. However, Actol was entitled to restitution of $50,650.60 for RiseWall goods paid for but not delivered. The Tribunal had jurisdiction to make this order under the Fair Trading Act due to an increased monetary limit effective before decision.

Parties
Applicant: Actol Pty Ltd; First Respondent/applicant (in Cross Proceeding): Rise Products Pty Ltd; Second Respondent: Daniel Pszczonka; Fourth Respondent/second Respondent (in Cross Proceeding): Benth Holdings Pty Ltd t/as Gledswood Projects
Jurisdiction
Australia
Judgment Date
02 December 2022
Procedural Posture
Civil (consumer/commercial/building) / Final Decision/orders (first Instance Tribunal)
Outcome
Partly allowed (restitution claim only), otherwise dismissed
Legal Topics
Statutory Warranties (home Building Act 1989 (nsw)), Consumer Guarantees (australian Consumer Law), Formation of Contract, Misleading and Deceptive Conduct, Jurisdictional Limits on Orders, Restitution for Goods Not Delivered
Building and Construction Law Contract Law Consumer Law Statutory Interpretation Statutory Warranties (home Building Act 1989 (nsw)) Consumer Guarantees (australian Consumer Law) Formation of Contract Misleading and Deceptive Conduct +2 more

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Parties

Actol Pty Ltd

Applicant

Rise Products Pty Ltd

First Respondent/applicant (in Cross Proceeding)

Daniel Pszczonka

Second Respondent

Benth Holdings Pty Ltd t/as Gledswood Projects

Fourth Respondent/second Respondent (in Cross Proceeding)

Procedural Posture

Civil (consumer/commercial/building) / Final Decision/orders (first Instance Tribunal)

Legal Issues

  1. 1 Whether Rise Products contracted to supply and install or only supply RiseWall product
  2. 2 Whether Rise Products breached statutory warranties or consumer guarantees
  3. 3 Whether representations amounted to misleading/deceptive conduct

Ratio Decidendi

The Tribunal found the contract between Actol and Rise Products was for supply only (not installation) of RiseWall panels, so no statutory warranties applied. Actol did not acquire the goods as a 'consumer' under the ACL because the panels were acquired for use in production/manufacture. The misleading/deceptive conduct claim failed for lack of proof of detrimental reliance or misleading representations. However, Actol was entitled to restitution of $50,650.60 for RiseWall goods paid for but not delivered. The Tribunal had jurisdiction to make this order under the Fair Trading Act due to an increased monetary limit effective before decision.

Court Disposition

Partly allowed (restitution claim only), otherwise dismissed

Orders

  • The first-named respondent, Rise Products Pty Ltd, is to pay the applicant, Actol Pty Ltd, the sum of $50,650.60 within 28 days of the date of publication of this decision.
  • The proceedings are otherwise dismissed.