Harper v Reg-Air Pty Ltd [2009] FCA 448

Harper v Reg-Air Pty Ltd [2009] FCA 448

There was no agreement between Mr Harper and Reg-Air Pty Ltd as alleged. The evidence did not establish that express or implied representations were made or relied upon, nor that services were provided in breach of statutory or implied requirements. The defence of consent was made out regarding removal of parts, except for the trim servo motor, which Mr Hobson, by mistake, converted to his own use. Damages are awarded for conversion of the trim servo motor. All other claims are dismissed.

Parties
Applicant: Geoffrey Alan Harper; First Respondent: Reg-Air Pty Ltd; Second Respondent: Steven Hobson; Third Respondent: TS Air Charter Pty Ltd
Jurisdiction
Australia
Judgment Date
07 May 2009
Procedural Posture
Civil / Judgment
Outcome
Claims under the Trade Practices Act and for trespass and conversion are dismissed except for conversion of the trim servo motor. Damages assessed at $1500 for conversion. Parties to file agreed orders reflecting reasons for judgment within 7 days.
Legal Topics
Express Representation, Implied Representation, Implied Warranty, Misleading or Deceptive Conduct, Trespass, Conversion
Trade and Commerce Torts Express Representation Implied Representation Implied Warranty Misleading or Deceptive Conduct Trespass Conversion

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Parties

Geoffrey Alan Harper

Applicant

Reg-Air Pty Ltd

First Respondent

Steven Hobson

Second Respondent

TS Air Charter Pty Ltd

Third Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether an agreement to repair, maintain and service aircraft ONC was made and relied upon
  2. 2 Whether express or implied representations were made and breached
  3. 3 Whether Reg-Air Pty Ltd or Mr Hobson breached statutory or implied duties under the Civil Aviation Act and Trade Practices Act

Ratio Decidendi

There was no agreement between Mr Harper and Reg-Air Pty Ltd as alleged. The evidence did not establish that express or implied representations were made or relied upon, nor that services were provided in breach of statutory or implied requirements. The defence of consent was made out regarding removal of parts, except for the trim servo motor, which Mr Hobson, by mistake, converted to his own use. Damages are awarded for conversion of the trim servo motor. All other claims are dismissed.

Court Disposition

Claims under the Trade Practices Act and for trespass and conversion are dismissed except for conversion of the trim servo motor. Damages assessed at $1500 for conversion. Parties to file agreed orders reflecting reasons for judgment within 7 days.

Orders

  • Damages of $1500 awarded to Mr Harper for conversion of trim servo motor by Mr Hobson.
  • All other claims are dismissed.