Cohen v Woolworths Ltd [2018] NSWCATCD 11

Cohen v Woolworths Ltd [2018] NSWCATCD 11

On the balance of probabilities, the respondent supplied the applicant with particulate contaminated Vortex 98 fuel on 25 July 2017. The fuel was not of acceptable quality under s 54 of the Australian Consumer Law because it was not fit for purpose, free from defects or safe, and it caused the applicant's vehicle to malfunction and require repair. The applicant was entitled to compensation for reasonably foreseeable loss caused by that failure, and special circumstances justified recovery of the expert report cost because proof of the claim required complex technical evidence.

Jurisdiction
Australia
Judgment Date
24 April 2018
Procedural Posture
Consumer Claim / Principal Judgment
Outcome
The respondent was ordered to pay the applicant $2,316.50 within 14 days, and the claim was otherwise dismissed.
Legal Topics
['acceptable Quality of Goods' 'contaminated Fuel' 'consequential Loss' 'expert Report Costs' 'special Circumstances for Costs']
['consumer Law' 'civil Procedure' 'costs'] ['acceptable Quality of Goods' 'contaminated Fuel' 'consequential Loss' 'expert Report Costs' 'special Circumstances for Costs']

Case Brief

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Procedural Posture

Consumer Claim / Principal Judgment

Legal Issues

  1. 1 ['Whether the respondent complied with the guarantee as to acceptable quality contained in section 54 of the Australian Consumer Law when it supplied Vortex 98 fuel to the applicant on 25 July 2017.' 'Whether the applicant suffered damage and loss as a result of that supply for which he was entitled to compensation.' 'Whether the applicant was entitled to recover the cost of his expert fuel analysis report from the respondent.']

Ratio Decidendi

On the balance of probabilities, the respondent supplied the applicant with particulate contaminated Vortex 98 fuel on 25 July 2017. The fuel was not of acceptable quality under s 54 of the Australian Consumer Law because it was not fit for purpose, free from defects or safe, and it caused the applicant's vehicle to malfunction and require repair. The applicant was entitled to compensation for reasonably foreseeable loss caused by that failure, and special circumstances justified recovery of the expert report cost because proof of the claim required complex technical evidence.

Court Disposition

The respondent was ordered to pay the applicant $2,316.50 within 14 days, and the claim was otherwise dismissed.

Orders

  • ['The Respondent, Woolworths Ltd, 1 Woolworths Way Bella Vista NSW 2153 Australia, is to pay the Applicant, Peter Cohen, 10 Freya Crescent Shalvey NSW 2770 Australia, the sum of $2,316.50 within 14 days of the date of these orders.' 'The claim is otherwise dismissed.']