Boattime Pty Ltd (ACN 056 554 593) v Westrac Pty Ltd (ACN 009 342 572) [2013] NSWDC 165

Boattime Pty Ltd (ACN 056 554 593) v Westrac Pty Ltd (ACN 009 342 572) [2013] NSWDC 165

On the evidence, the plaintiff did not establish that the alleged representations by the defendant's employee were made. The terms of the contract were clear and not varied; the truck was sold 'as is where is' without warranty. There was no breach of contract, no misleading or deceptive conduct, no unconscionable conduct, and no actionable misrepresentation. The statutory and contractual claims fail.

Parties
Plaintiff: Boattime Pty Ltd; Defendant: Westrac Pty Ltd
Jurisdiction
Australia
Judgment Date
06 September 2013
Procedural Posture
Civil / Principal Judgment
Outcome
Plaintiff's claim dismissed; verdict for the defendant.
Legal Topics
Breach of Contract, Misleading and Deceptive Conduct, Unconscionable Conduct, Misrepresentation
Contract Consumer Law Breach of Contract Misleading and Deceptive Conduct Unconscionable Conduct Misrepresentation

Case Brief

Summary, issues, holding and outcome

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Parties

Boattime Pty Ltd

Plaintiff

Westrac Pty Ltd

Defendant

Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 Whether the written contract was varied by subsequent conversations or conduct
  2. 2 Whether the defendant breached the contract
  3. 3 Whether the alleged representations were made by the defendant's employee

Ratio Decidendi

On the evidence, the plaintiff did not establish that the alleged representations by the defendant's employee were made. The terms of the contract were clear and not varied; the truck was sold 'as is where is' without warranty. There was no breach of contract, no misleading or deceptive conduct, no unconscionable conduct, and no actionable misrepresentation. The statutory and contractual claims fail.

Court Disposition

Plaintiff's claim dismissed; verdict for the defendant.

Orders

  • The plaintiff's claim is dismissed and there will be a Verdict for the Defendant.
  • The plaintiff to pay the defendant's costs of the proceedings.