La Macchia v Aslan [2006] NSWLC 50
The defendant breached implied contractual terms by supplying defective engines and failing to exercise due care and skill in carrying out repairs as well as overcharging the plaintiff for supplied parts. The plaintiff is entitled to damages assessed as the reasonable costs of rectification, repairs to damaged parts, overcharged amounts, less the value of the unreturned engine.
- Jurisdiction
- Australia
- Judgment Date
- 18 December 2006
- Procedural Posture
- Civil / Judgment
- Outcome
- verdict for the plaintiff
- Legal Topics
- ['implied Terms' 'motor Vehicle Repairs' 'fitness for Purpose' 'due Care and Skill' 'damages for Breach of Contract']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Civil / Judgment
Legal Issues
- 1 ['Whether the defendant breached the implied term to perform works with due care and skill' 'Whether the defendant supplied materials not fit for the intended purpose' 'Assessment of quantum for damages due to breach']
Ratio Decidendi
The defendant breached implied contractual terms by supplying defective engines and failing to exercise due care and skill in carrying out repairs as well as overcharging the plaintiff for supplied parts. The plaintiff is entitled to damages assessed as the reasonable costs of rectification, repairs to damaged parts, overcharged amounts, less the value of the unreturned engine.
Court Disposition
verdict for the plaintiff
Orders
- ['Verdict for the plaintiff in the sum of $12,409.' 'Interest to be calculated by the Registrar on that sum from 4 June 2004.' 'Costs reserved with parties having liberty to apply on seven days notice.']
Full Case Text
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