Robinson v Gleeson [2003] NSWSC 674

Robinson v Gleeson [2003] NSWSC 674

The magistrate was entitled on the evidence to find that there was an implied warranty that the boat sold would last at least two or three weeks and that the contract was oral, not exclusively in writing. This finding did not involve error of law; nor did the magistrate err in relation to use of subsequent conduct or in denying natural justice.

Jurisdiction
Australia
Judgment Date
28 July 2003
Procedural Posture
Civil Appeal / Appeal From Decision of Local Court (lcm)
Outcome
Appeal dismissed; magistrate's judgment confirmed; costs to defendant.
Legal Topics
['implied Terms' 'sale of Goods' 'warranty' 'appeals From Lower Courts' 'natural Justice']
['contract Law'] ['implied Terms' 'sale of Goods' 'warranty' 'appeals From Lower Courts' 'natural Justice']

Case Brief

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Procedural Posture

Civil Appeal / Appeal From Decision of Local Court (lcm)

Legal Issues

  1. 1 ['Whether the magistrate erred in finding an implied warranty that the boat would last two or three weeks' 'Whether the magistrate erred by treating the receipt as not constituting the contract' 'Whether subsequent conduct could be used to construe contract terms' 'Whether there was a denial of natural justice']

Ratio Decidendi

The magistrate was entitled on the evidence to find that there was an implied warranty that the boat sold would last at least two or three weeks and that the contract was oral, not exclusively in writing. This finding did not involve error of law; nor did the magistrate err in relation to use of subsequent conduct or in denying natural justice.

Court Disposition

Appeal dismissed; magistrate's judgment confirmed; costs to defendant.

Orders

  • ['The judgment of Miszalski LCM dated 14 August 2002 is confirmed.' 'The appeal is dismissed.' "The plaintiff is to pay the defendant's costs as agreed or assessed."]