Alan Marshall Irving and Robert Marshall Irving v Alinkite Pty Ltd, Roslyn Marie Melrose and Irving Air Pty Ltd No. SCGRG 94/725 Judgment No. 4996 Number of Pages 16 Contracts

In the Full Court of the Supreme Court of South Australia, the plaintiffs, Alan Marshall Irving, Robert Marshall Irving, and Irving Air Pty Ltd, sought damages against the defendants, Alinkite Pty Ltd, Roslyn Marie Melrose, and Robert Charles Melrose, for breach of warranty, misrepresentation, and other claims. The defendants had engaged in the construction of a hay compacting machine, and the plaintiffs had invested in the project. The trial judge found that the defendants had breached warranties and made misleading representations regarding the project's progress and costs, leading to the plaintiffs' investment losses. The defendants appealed against the trial judge's decision, while Alinkite Pty Ltd cross-appealed against Irving Air Pty Ltd.

The court held that the appeal and cross-appeal should be dismissed. The court found that the representations made by the defendants before the execution of the Deed continued to influence the plaintiffs' decision to provide guarantees for a bank overdraft. The court held that Alinkite Pty Ltd was not liable for misrepresentation, as there was no evidence that Mrs Melrose acted as an agent for Alinkite Pty Ltd when making the representations. The court also found that the trial judge's decision to reject Mrs Melrose's evidence regarding the delivery of a letter to Dr Alan Irving was not erroneous.

The court ultimately concluded that the appeal and cross-appeal should be dismissed, and no further orders were made.