Ilhan v Cvitanovic [2009] NSWSC 479

Ilhan v Cvitanovic [2009] NSWSC 479

The plaintiffs made known their particular purpose for acquiring air-conditioning units and relied on the company's skill/judgment; the company breached the implied warranty as to fitness for purpose under s 19(1) of the Sale of Goods Act 1923 (NSW) and s 71(2) of the Trade Practices Act 1974 (Cth); plaintiffs are entitled to prove their debt.

Jurisdiction
Australia
Judgment Date
22 May 2009
Procedural Posture
Appeal From Liquidator's Rejection of Proof of Debt / Final Judgment
Outcome
Plaintiffs' appeal allowed; proof of debt accepted; costs awarded to plaintiffs.
Legal Topics
['winding Up' 'proof of Debt' 'sale of Goods Implied Conditions and Warranties' 'fitness for Purpose']
['corporations' 'equity'] ['winding Up' 'proof of Debt' 'sale of Goods Implied Conditions and Warranties' 'fitness for Purpose']

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Procedural Posture

Appeal From Liquidator's Rejection of Proof of Debt / Final Judgment

Legal Issues

  1. 1 ["Whether plaintiffs made known to the company the particular purpose for which air-conditioning units were required so as to show reliance on company's skill or judgment" 'Whether there was a breach of implied warranty as to fitness for purpose under Sale of Goods Act 1923 (NSW) and Trade Practices Act 1974 (Cth)' 'Appropriate costs order']

Ratio Decidendi

The plaintiffs made known their particular purpose for acquiring air-conditioning units and relied on the company's skill/judgment; the company breached the implied warranty as to fitness for purpose under s 19(1) of the Sale of Goods Act 1923 (NSW) and s 71(2) of the Trade Practices Act 1974 (Cth); plaintiffs are entitled to prove their debt.

Court Disposition

Plaintiffs' appeal allowed; proof of debt accepted; costs awarded to plaintiffs.

Orders

  • ['Order in accordance with paras 1 and 2 of the originating process' "Defendant pay the plaintiffs' costs" 'Exhibits may be returned after 28 days']