Dwyer v Volkswagen Group Australia Pty Ltd

• 1. Consumer Law
  2. › Consumer guarantees
  3. › Supply of goods
  4. › Guarantee of acceptable quality
  5. › Whether vehicles of acceptable quality to reasonable consumer
  6. › Whether unquantifiable risk of airbag rupture rendered vehicles not safe or free from defects
  7. › Whether appellant established physical feature carried inherent risk alleged
  8. › Australian Consumer Law, s 54
• 1. Consumer Law
  2. › Enforcement and remedies
  3. › Defences
  4. › Manufacturer's defence
  5. › Whether failure to comply 'only because of' act or default of another person other than manufacturer
  6. › Meaning of 'manufacturer'
  7. › Whether acts of manufacturer in choosing supplier and installing component disentitled manufacturer to defence
  8. › Australian Consumer Law, s 271(2)(a)
• 1. Consumer Law
  2. › Enforcement and remedies
  3. › Action by consumer for damages
  4. › Assessment of damages for reduction in value
  5. › Whether subsequent events illuminating true value at time of supply should be taken into account
  6. › Whether free replacement of defective component relevant to damages assessment
  7. › Australian Consumer Law, ss 271(1), 272(1)
• 1. Practice and Procedure
  2. › Representative proceedings
  3. › New points on appeal
  4. › Whether common questions should be amended on appeal
  5. › Effect of statutory estoppel on issues raised by common questions
  6. › Civil Procedure Act 2005 (NSW), ss 179, 180

Quick Take