LIAWEENA (NSW) PTY LTD v McWILLIAMS WINES PTY UNITED [1990] NSWCA 194

LIAWEENA (NSW) PTY LTD v McWILLIAMS WINES PTY UNITED [1990] NSWCA 194

The appellant's new terms and exclusion clauses were not incorporated into the contract for sale of corks due to misleading notification, lack of actual or imputed knowledge, respondent's purchase orders containing inconsistent terms, and lack of sufficient notice. As a result, statutory implied warranties applied...

Source-derived case information.

Parties
Appellant: Liaweena (NSW) Pty Ltd; Respondent: McWilliams Wines Pty United
Jurisdiction
Australia
Judgment Date
05 December 1990
Procedural Posture
Civil / Appeal (court of Appeal)
Outcome
appeal dismissed with costs
Legal Topics
Exclusion of Liability, Incorporation of Terms, Merchantable Quality, Fitness for Purpose, Implied Warranties, Course of Dealing, Misrepresentation, Constructive Notice, Failure to Call Witness
Contract Law Exclusion of Liability Incorporation of Terms Merchantable Quality Fitness for Purpose Implied Warranties Course of Dealing Misrepresentation +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 24 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Liaweena (NSW) Pty Ltd

Appellant

McWilliams Wines Pty United

Respondent

Procedural Posture

Civil / Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the misrepresentation in supplying and describing the terms prevented their incorporation
  2. 2 Whether the course of subsequent dealings incorporated the supplier's terms
  3. 3 Whether knowledge of the terms by the respondent's company secretary could be imputed to the respondent

Ratio Decidendi

The appellant's new terms and exclusion clauses were not incorporated into the contract for sale of corks due to misleading notification, lack of actual or imputed knowledge, respondent's purchase orders containing inconsistent terms, and lack of sufficient notice. As a result, statutory implied warranties applied and the exclusion did not avail the supplier.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Judgment against the appellant affirmed