COSHOTT and ANOR v FEWINGS JOINERY PTY LTD [1996] NSWCA 122

COSHOTT and ANOR v FEWINGS JOINERY PTY LTD [1996] NSWCA 122

The joinery supplied breached the implied condition of fitness for purpose under s19(1) of the Sale of Goods Act in instances where shrinkage exceeded an acceptable margin as determined by expert evidence. However, rectification was a reasonable and sufficient remedy rather than full replacement. The trial judge's award of damages, including a sum for solatium/loss of amenity, was appropriate in principle; but the judgment was adjusted to remove the cost of a new French door due to absence of a concession of liability for that item.

Parties
Applicants: Mr and Mrs Coshott; Respondent: Fewings Joinery Pty Ltd
Jurisdiction
Australia
Judgment Date
15 July 1996
Procedural Posture
Appeal / Judgment
Outcome
Plaintiff's appeal dismissed; defendant's cross appeal allowed to the extent of deleting the French door item; judgment below set aside and new judgment entered for $23,205 with costs to follow the event; no order as to costs of the appeal or cross appeal.
Legal Topics
Supply of Goods, Defective Goods, Damages, Implied Terms, Rectification Vs Replacement, Loss of Amenity/solatium
Contract Supply of Goods Defective Goods Damages Implied Terms Rectification Vs Replacement Loss of Amenity/solatium

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Parties

Mr and Mrs Coshott

Applicants

Fewings Joinery Pty Ltd

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the joinery supplied was in breach of the implied condition of fitness for purpose under s19(1) of the Sale of Goods Act
  2. 2 Whether damages should be awarded on the basis of replacement or rectification of joinery
  3. 3 Whether inclusion of an amount for solatium (loss of amenity) was justified

Ratio Decidendi

The joinery supplied breached the implied condition of fitness for purpose under s19(1) of the Sale of Goods Act in instances where shrinkage exceeded an acceptable margin as determined by expert evidence. However, rectification was a reasonable and sufficient remedy rather than full replacement. The trial judge's award of damages, including a sum for solatium/loss of amenity, was appropriate in principle; but the judgment was adjusted to remove the cost of a new French door due to absence of a concession of liability for that item.

Court Disposition

Plaintiff's appeal dismissed; defendant's cross appeal allowed to the extent of deleting the French door item; judgment below set aside and new judgment entered for $23,205 with costs to follow the event; no order as to costs of the appeal or cross appeal.

Orders

  • Appeal dismissed; no order for costs.
  • Cross appeal allowed; no order for costs.