International Hair Products P/L v Melleuish P/L [2004] NSWSC 684

International Hair Products P/L v Melleuish P/L [2004] NSWSC 684

There was no error of law in the Magistrate's discretionary refusal to grant the adjournment, nor in the interpretation and application of sections 18 and 19 of the Sale of Goods Act 1923 (NSW), nor in the conclusion regarding merchantable quality of the goods. No matters raised on appeal justified disturbing the lower court's orders.

Parties
Plaintiff/appellant: International Hair Products Pty Limited (ACN 077 244 092); Defendant/respondent: Melleuish Pty Limited (ACN 002 157 799) t/as The Bottle People
Jurisdiction
Australia
Judgment Date
05 August 2004
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Adjournment, Implied Terms, Merchantable Quality, Exercise of Discretion, Security for Costs
Contract Law Sale of Goods Adjournment Implied Terms Merchantable Quality Exercise of Discretion Security for Costs

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Parties

International Hair Products Pty Limited (ACN 077 244 092)

Plaintiff/appellant

Melleuish Pty Limited (ACN 002 157 799) t/as The Bottle People

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Magistrate erred in refusing the application for an adjournment
  2. 2 Whether there was a misapplication of section 19(1) of the Sale of Goods Act 1923 (NSW)
  3. 3 Whether the Magistrate overlooked the operation of section 18 of the Sale of Goods Act

Ratio Decidendi

There was no error of law in the Magistrate's discretionary refusal to grant the adjournment, nor in the interpretation and application of sections 18 and 19 of the Sale of Goods Act 1923 (NSW), nor in the conclusion regarding merchantable quality of the goods. No matters raised on appeal justified disturbing the lower court's orders.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The judgment and orders of Magistrate C Longley dated 28 May 2003 are affirmed.