Medical Device Technologies Pty Ltd v Health Administration Corporation

[2024] NSWCA 142

NSW Court of Appeal

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Interrogate

Catchwords

1. Consumer Law
2. › Sale of goods
3. › Implied conditions
4. › Fitness for purpose
5. › Particular purpose made known to seller
6. › Whether buyer communicated particular purpose
7. › Whether buyer relied on seller's skill and judgment
8. › Sale of Goods Act 1923 (NSW), s 19
1. Consumer Law
2. › Sale of goods
3. › Acceptance and rejection
4. › Reasonable opportunity to examine goods
5. › Whether deemed acceptance under ss 37 and 38
6. › Sale of Goods Act 1923 (NSW), ss 37, 38
1. Consumer Law
2. › Misleading or deceptive conduct
3. › Representations in product documentation
4. › Whether vendor adopted or endorsed manufacturer's user manual
5. › Whether representations misleading or deceptive
6. › Competition and Consumer Act 2010 (Cth) Sch 2, ss 18, 29
1. Consumer Law
2. › Misleading or deceptive conduct
3. › Causation
4. › Whether misrepresentations caused loss
5. › Whether reliance on misrepresentations established causal nexus
6. › Competition and Consumer Act 2010 (Cth) Sch 2, s 236

Quick Take

Distributors who provide manufacturer documentation during sales negotiations will be taken to have adopted and endorsed the representations in that documentation, and cannot shelter behind the argument that they were merely passing on the manufacturer's information.