Hall v Scone Diesel Pty Ltd [2023] NSWCATCD 52

Hall v Scone Diesel Pty Ltd [2023] NSWCATCD 52

Scone Diesel Pty Ltd breached the consumer guarantees under sections 60 and 61 of the ACL by performing works not to industry standard and failing to ensure the services and resulting product were fit for purpose, despite the applicant's reliance on their skill and judgment.

Jurisdiction
Australia
Judgment Date
06 April 2023
Procedural Posture
Consumer Claim / Final Decision
Outcome
Application partly upheld
Legal Topics
['consumer Guarantees' 'supply of Services' 'due Care and Skill']
['consumer Law'] ['consumer Guarantees' 'supply of Services' 'due Care and Skill']

Case Brief

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Procedural Posture

Consumer Claim / Final Decision

Legal Issues

  1. 1 ['Whether Scone Diesel Pty Ltd breached consumer guarantees in relation to the supply of services by failing to exercise due care and skill when installing an engine' 'Whether the services provided were fit for the particular purpose made known to the supplier']

Ratio Decidendi

Scone Diesel Pty Ltd breached the consumer guarantees under sections 60 and 61 of the ACL by performing works not to industry standard and failing to ensure the services and resulting product were fit for purpose, despite the applicant's reliance on their skill and judgment.

Court Disposition

Application partly upheld

Orders

  • ['Scone Diesel Pty Ltd is to pay the applicant $13328.00 on or before 25 April 2023.' 'The application is otherwise dismissed.']