Richard v Gendore Enterprises Pty Ltd & Anor

[2004] NSWCA 116

NSW Court of Appeal

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Interrogate

Catchwords

1. Tort Law
2. › Negligence
3. › Duty of care
4. › Vendor of goods
5. › Second-hand goods
6. › Whether importer or second-hand dealer had duty to inspect manufacturer's manual for errors
7. › Whether absence of knowledge of error or ambiguity negated duty
1. Consumer Law
2. › Misleading and deceptive conduct
3. › Trade Practices Act 1974 (Cth), s 52
4. › Fair Trading Act 1987 (NSW), s 42
5. › Passing on information from another source
6. › Whether importer or dealer adopted manufacturer's representation
7. › Whether mere conduit in supplying manual compiled by manufacturer
1. Practice and Procedure
2. › Pleadings
3. › Whether statement of claim adequately pleaded statutory cause of action
4. › Whether failure to name statute fatal to claim
5. › District Court Rules Pt 9, r 3(1), r 8A(a), r 9(1)

Quick Take

An importer or second-hand dealer who supplies a manufacturer's operations manual without knowledge of any error or ambiguity, and without compiling, meddling with, or adopting the manual as their own, does not owe a duty of care to inspect the manual for errors and does not engage in misleading or deceptive conduct by passing it on. A statement of claim that pleads conduct 'in trade and commerce' and 'misleading and deceptive conduct' without expressly naming the Trade Practices Act or Fair Trading Act may be sufficient to support a statutory cause of action, provided all material facts are pleaded.