Theo Theol v Bike Bug Pty Ltd [2014] NSWCATCD 123

Theo Theol v Bike Bug Pty Ltd [2014] NSWCATCD 123

Section 15D of the Electronic Transactions Act 1999 does not apply to a trader's input error. The contract formed online was valid, with all necessary elements satisfied, and there was no evidence the applicant was aware of any price error or that the goods were sold below cost. The respondent's subsequent attempt to cancel the contract was not justified, and specific performance of the contract was appropriate.

Jurisdiction
Australia
Judgment Date
16 July 2014
Procedural Posture
Consumer Claim / Final Decision
Outcome
orders made for delivery of goods and payment by applicant
Legal Topics
['internet Transactions' 'mistake in Price' 'enforceability of Electronic Contracts']
['consumer Law' 'contract Law'] ['internet Transactions' 'mistake in Price' 'enforceability of Electronic Contracts']

Case Brief

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Procedural Posture

Consumer Claim / Final Decision

Legal Issues

  1. 1 ['Whether a binding contract was formed for the sale of goods at the price listed online' 'Whether the respondent can rely on section 15D of the Electronic Transactions Act 1999 to rescind the contract due to an input error in pricing' "Whether the contract should be enforced or set aside due to the respondent's unilateral mistake"]

Ratio Decidendi

Section 15D of the Electronic Transactions Act 1999 does not apply to a trader's input error. The contract formed online was valid, with all necessary elements satisfied, and there was no evidence the applicant was aware of any price error or that the goods were sold below cost. The respondent's subsequent attempt to cancel the contract was not justified, and specific performance of the contract was appropriate.

Court Disposition

orders made for delivery of goods and payment by applicant

Orders

  • ['The respondent is to deliver to the applicant 1 Kask bambino TT Helmet- White and 1 TT Bambini Visor Mirror immediately.' 'The applicant is to pay the respondent $224.00 immediately.']