Moss, Gerald Carew v Bergood Pty Ltd [1987] FCA 733

Moss, Gerald Carew v Bergood Pty Ltd [1987] FCA 733

The respondent was in breach of s.52 of the Trade Practices Act by representing the machine could produce 500 bricks per hour under ordinary conditions, when this was only achievable with pre-mixed materials, a qualification not conveyed to the applicant. The losses directly resulting from this misrepresentation are...

Source-derived case information.

Parties
Applicant: Gerald Carew Moss; Respondent: BergooD Pty Limited
Jurisdiction
Australia
Judgment Date
11 November 1987
Procedural Posture
Civil / Trial Judgment
Outcome
Judgment for the applicant
Legal Topics
Misrepresentation, Damages, Breach of Statutory Duty
Trade Practices Sale of Goods Misrepresentation Damages Breach of Statutory Duty

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Summary, issues, holding and outcome

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Parties

Gerald Carew Moss

Applicant

BergooD Pty Limited

Respondent

Procedural Posture

Civil / Trial Judgment

Legal Issues

  1. 1 Whether the respondent made misleading representations under s.52 of the Trade Practices Act 1974 regarding the production capacity of the brickmaking machine
  2. 2 Whether losses claimed by the applicant were caused by the breach

Ratio Decidendi

The respondent was in breach of s.52 of the Trade Practices Act by representing the machine could produce 500 bricks per hour under ordinary conditions, when this was only achievable with pre-mixed materials, a qualification not conveyed to the applicant. The losses directly resulting from this misrepresentation are recoverable.

Court Disposition

Judgment for the applicant

Orders

  • The respondent must pay the applicant the sum of $15,079 (including interest).
  • The respondent must pay the applicant's costs.