Bunter, Vaughn Charles v John Shearer Limited [1984] FCA 23

Parties

Procedural Posture

Civil / Judgment After Trial

Legal Issues

1. 1 Whether the sale and supply of an airseeder breached conditions of merchantable quality and fitness for purpose under Trade Practices Act 1974 section 71
2. 2 Whether the respondent engaged in misleading or deceptive conduct under sections 52 and 55 of the Trade Practices Act 1974
3. 3 Whether there was a breach of express written warranties

Ratio Decidendi

The applicant failed to establish any breach of merchantable quality or fitness for purpose in the sale of the airseeder; the problems encountered were due principally to the applicant's installation and operation of a hydraulic drive system without a priority valve and inappropriate directions for its use, not to any defect of the airseeder itself. There were no misleading or deceptive representations or breach of express warranties. Division 2A did not apply as the airseeder was not of a kind ordinarily acquired for personal, domestic, or household use.

Court Disposition

application dismissed

Orders

• The applicant's claim be dismissed.
• Money paid into court by the respondent be paid out to the respondent's solicitors.