Shelton v Oaktech Pty Ltd

[2011] NTSC 11

Supreme Court of the Northern Territory

Built by Barristers,
For Australian Law.

1. Sale of Goods
2. › implied conditions of fitness for purpose and of merchantable quality
3. › manufacture of large industrial shed
4. › original quote advised manufacturer could not guarantee doors in high wind situations
5. › subsequent contract made no reference to this reservation
6. › sizes of doors smaller than in original quote
7. › whether buyer aware of reservation
8. › whether reservation applied
9. › doors damaged by wind.
1. EVIDENCE - defence witness called to prove plaintiff’s agent advised on correct method of installation of doors to large industrial shed
2. › defendant’s agent not called by either party
3. › whether adverse inference should be drawn against plaintiff
4. › rule in [name withheld] v [name withheld].
1. Appeal
2. › whether reasons given by Magistrate to reject evidence adequate
3. › test for adequacy of reasons discussed.
1. Goods Act 1958 (Vic), s 19(a), s 19(b)

Citation[2011] NTSC 11

CourtNTSC

JurisdictionNorthern Territory

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