Jack Howard (Young) Pty Ltd v Minehan, Patrick J & anor [1984] FCA 165

The machine was not fit for its intended purpose; damages for lost profit from contract baling and loss regarding the applicants' own hay awarded based on available and accepted evidence.

Parties: Applicant: Patrick Joseph Minehan; Applicant: Hazel Josephine Minehan; Respondent: Hazel Josephine Minehan
Jurisdiction: Australia
Judgment Date: 24 May 1984
Procedural Posture: Application for Damages / Judgment
Outcome: judgment for the applicants
Legal Topics: Goods Not Fit for Purpose, Damages Assessment

Trade Practices Goods Not Fit for Purpose Damages Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

Patrick Joseph Minehan

Applicant

Hazel Josephine Minehan

Applicant

Hazel Josephine Minehan

Respondent

Procedural Posture

Application for Damages / Judgment

Legal Issues

1 Whether the supplied baling machine was reasonably fit for its purpose under s 52 of the Trade Practices Act 1974
2 Assessment of damages arising from breach

Ratio Decidendi

The machine was not fit for its intended purpose; damages for lost profit from contract baling and loss regarding the applicants' own hay awarded based on available and accepted evidence.

Court Disposition

judgment for the applicants

Orders

Judgment for the applicants in the sum of $9,010.
The respondent is ordered to pay the applicants' costs of the action.