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Cary Boyd v Agrison Pty Ltd

Cary Boyd v Agrison Pty Ltd

Case [2014] VMC 23

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AGLC: Cary Boyd v Agrison Pty Ltd [2014] VMC 23
Case: [2014] VMC 23
Decision Date: 3 October 2014

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Citations

Cary Boyd v Agrison Pty Ltd [2014] VMC 23

Most Recent Citation

Melbourne Roma Caravans and RV's v Cunningham [2022] VSC 25

Cases Citing This Decision

McNally v Central Coast Automotive Pty Ltd t/as Gosford Nissan [2025] NSWCATCD 111
Citation 1 (Para 50)

…he purposes of determining whether there is a “major failure”. As observed by the Magistrates’ Court of Victoria in Cary Boyd v Agrison Pty Ltd [2014] VMC 23 at [50], for there to be a major failure it was not necessary for the claimant to establish each of the matters set out in s 260, establishing one is suffi…
Mitchell v Norris Enterprises Pty Ltd [2025] QCAT 310
Citation 2 (Para 10)

…ic and individual defects which taken as a whole constitute one major failure. I also agree with this interpretation of s 260 of the ACL. [12][2014] VMC 23, [51].…
Stevens v James Frizelles Automatic Group Pty Ltd t/as Sunshine Kia [2025] QCAT 196
Citation 3 (Para 28)

…In Cary Boyd v Agrison Pty Ltd [2014] VMC 23 at [51], the Court held that a major failure “ might be constituted by a series of specific and individual defects which taken as a whole constitute one major failure ”.…
Mckennariey v A.P. Ford Pty Ltd t/as Metro Ford Brisbane [2025] QCAT 211
Citation 4 (Para 3)

…ects can be aggregated to amount to a major failure giving rise to a right to reject the goods and applied a statement in Cary Boyd v Agrison Pty Ltd [2014] VMC 23 at [51], that: [D]espite the use of ‘a’, to suggest the singular, ‘a major failure’ might be constituted by a series of specific and individual defec…
Green v Hitch Campers Pty Ltd [2024] QCAT 263
Citation 5 (Para 4)

…fic and individual defects which taken as a whole constitute one major failure. I also agree with this interpretation of s 260 of the ACL. [9][2014] VMC 23 at [51].…
Thompson v Apollo Investments Pty Ltd t/as Kratzmann Caravans [2024] QCAT 254
Citation 6 (Para 12)

…fic and individual defects which taken as a whole constitute one major failure. I also agree with this interpretation of s 260 of the ACL. [9][2014] VMC 23, [51].…
Hawkins v Trivett Automotive Retail Pty Ltd [2024] QCAT 253
Citation 7 (Para 12)

…cluding a refund, in the event that there is not a major failure, and the supplier does not remedy the failure with a reasonable time.[10] [9][2014] VMC 23, [51]. [10]ACL, s 259(2)(b)(ii). Applicant’s position…
Allen v New Centenary Pty Ltd t/a Mercedes-Benz Macgregor [2024] QCAT 252
Citation 8 (Para 2)

…In Cary Boyd v Agrison Pty Ltd [2014] VMC 23 at [51], the Court held that a major failure “ might be constituted by a series of specific and individual defects which taken as a whole constitute one major failure ”. Under section 260 of the ACL a major failure occurs if the “goods would not have been acquired by…
Beynon v Sands Family Trust t/a Fair Deal Car Sales [2024] QCAT 102
Citation 9 (Para 17)

…individually minor defects can be aggregated to amount to a major failure giving rise to a right to reject the goods. In Cary Boyd v Agrison Pty Ltd [2014] VMC 23 at [51], the Court held that… “despite the use of ‘a’, to suggest the singular, ‘a major failure’ might be constituted by a series of specific and in…
Remonde v Jaguar Land Rover Australia Pty Ltd [2024] QCAT 24
Citation 10

…h), Schedule 2 Fair Trading Act 1989 (Qld), s 50A Morphy v Beaufort Townsville Pty Ltd [2018] VCAT 1520 Carr Boyd v Agrison Pty Ltd [2014] VMC 23 APPEARANCES & REPRESENTATION: This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) RE…
Hanif v Car Mart Direct Pty Ltd [2023] NSWCATCD 187
Citation 11

…Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Burton v Chad One Pty Ltd [2013] NSWDC 301 Cary Boyd v Agrison Pty Ltd [2014] VMC 23 Cehave NV v Bremer Handelsgesellschaft mbH Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd (No 2) [2014] NSWCA 219 Hardwick Game Farm v Suffolk Agricul…
Hinterland Express Pty Ltd v Inchcape European Automotive Pty Ltd [2023] QCATA 130
Citation 12 (Para 2)

…individually minor defects can be aggregated to amount to a major failure giving rise to a right to reject the goods. In Cary Boyd v Agrison Pty Ltd [2014] VMC 23 at [51], the Court stated that: [D]espite the use of ‘a’, to suggest the singular, ‘a major failure’ might be constituted by a series of specific and…
Cummings v Aluma Trailers Pty Ltd [2023] NSWCATCD 91
Citation 13

…Barbour v Autosports Five Dock Pty Ltd [2020] NSWCATAP 141 Burton v Chad One Pty Ltd [2013] NSWDC 301 Cary Boyd v Agrison Pty Ltd [2014] VMC 23 Contact Energy Ltd v Jones [2009] 2 NZLR 830 Hardwick Game Farm v Suffolk Agricultural Producers Association [1969] 2 AC 31 Matumaini v Automobile Industries Pty Ltd [20…
S & S Professionals Pty Ltd as trustee of the Aana Aahana Family Trust v Blue Ribbon Motors (Ipswich) Pty Ltd [2023] QCATA 73
Citation 14 (Para 2)

…ects can be aggregated to amount to a major failure giving rise to a right to reject the goods and applied a statement in Cary Boyd v Agrison Pty Ltd [2014] VMC 23 at [51], that: [D]espite the use of ‘a’, to suggest the singular, ‘a major failure’ might be constituted by a series of specific and individual defec…
Parkinson v Hutchin [2023] NSWCATCD 17
Citation 15

…v Autosports Five Dock Pty Ltd [2020] NSWCATAP 141 Burton v Chad One Pty Ltd [2013] NSWDC 301 Cary Boyd v Agrison Pty Ltd [2014] VMC 23 Contact Energy Ltd v Jones [2009] 2 NZLR 830 Farm v Suffolk Agricultural Producers Association [1969] 2 AC 31 Matumaini v Automobile Industries Pty Ltd [2017] NSWCATAP 93 Medtel…
Hutchinson v Central Coast Automotive Pty Ltd [2022] NSWCATCD 123
Citation 16

…tomotive Pty Ltd t/a Parramatta Motor Group [2019] NSWCATCD 39 Burton v Chad One Pty Ltd [2013] NSWDC 301 Cary Boyd v Agrison Pty Ltd [2014] VMC 23 Contact Energy Ltd v Jones [2009] 2 NZLR 830 Farm v Suffolk Agricultural Producers Association [1969] 2 AC 31 Matumaini v Automobile Industries Pty Ltd [2017] NSWCAT…
Howarth & Anor v Biscamoss Pty Ltd [2022] QCATA 72
Citation 17 (Para 2)

…ects can be aggregated to amount to a major failure giving rise to a right to reject the goods and applied a statement in Cary Boyd v Agrison Pty Ltd [2014] VMC 23 at [51], that: [D]espite the use of ‘a’, to suggest the singular, ‘a major failure’ might be constituted by a series of specific and individual defec…
Nicol v Suzuki Australia Pty Ltd [2021] NSWCATCD 110
Citation 18 (Para 79)

…on‑compliance is to be assessed for the purposes of determining whether there is a “major failure”. As observed in Boyd v Agrason Pty Limited [2014] VMC 23 at [50], for there to be a major failure it was not necessary for the claimant to establish each of the matters set out in s.260 of the ACL, establishing one…
Crawford v Sunco Motors Pty Ltd [2021] QCAT 183
Citation 19 (Para 2)

…individually minor defects can be aggregated to amount to a major failure giving rise to a right to reject the goods. In Cary Boyd v Agrison Pty Ltd [2014] VMC 23 at [51], the Court held that: [D]espite the use of ‘a’, to suggest the singular, ‘a major failure’ might be constituted by a series of specific and i…
Sullivan v James Frizelle's Automotive Group Pty Ltd [2021] QCAT 49
Citation 20 (Para 2)

…individually minor defects can be aggregated to amount to a major failure giving rise to a right to reject the goods. In Cary Boyd v Agrison Pty Ltd [2014] VMC 23 at [51], the Court held that: [D]espite the use of ‘a’, to suggest the singular, ‘a major failure’ might be constituted by a series of specific and i…
Moss v Reece Rosvall trading as Preferred Autos [2020] QCAT 384
Citation 21

…pbell v Caravan & RV Central Pty Ltd t/as Avan New South Wales & FCA Australia Pty Ltd [2016] NSWCATCD 90 Cary Boyd v Agrison Pty Ltd [2014] VMC 23 Haisman v Drive (Aust) Pty Ltd [2020] QCAT 44 Medtel Pty Ltd v Courtney (2003) 130 FCR 182 Morphy v Beaufort Townsville Pty Ltd [2018] VCAT 1520 Vautin v BY Winddown…
Nuth v Soel Products Australia Pty Ltd trading as Caravan RV CQ [2020] QCAT 369
Citation 22 (Para 2)

…individually minor defects can be aggregated to amount to a major failure giving rise to a right to reject the goods. In Cary Boyd v Agrison Pty Ltd [2014] VMC 23 at [51], the Court held that: [D]espite the use of ‘a’, to suggest the singular, ‘a major failure’ might be constituted by a series of specific and i…
Foley v Westco Cairns Pty Ltd [2020] QCAT 345
Citation 23 (Para 2)

…individually minor defects can be aggregated to amount to a major failure giving rise to a right to reject the goods. In Cary Boyd v Agrison Pty Ltd [2014] VMC 23 at [51], the Court held that: [D]espite the use of ‘a’, to suggest the singular, ‘a major failure’ might be constituted by a series of specific and i…
Kablar Financial Services Pty Ltd v LSH Auto (Brisbane) Pty Ltd trading as Mercedes-Benz Brisbane [2020] QCAT 346
Citation 24 (Para 2)

…individually minor defects can be aggregated to amount to a major failure giving rise to a right to reject the goods. In Cary Boyd v Agrison Pty Ltd [2014] VMC 23 at [51], the Court held that: [D]espite the use of ‘a’, to suggest the singular, ‘a major failure’ might be constituted by a series of specific and i…
ACH Computing Pty Ltd v Austral Pty Ltd trading as Brisbane City Jaguar Land Rover [2020] QCAT 176
Citation 25 (Para 2)

…individually minor defects can be aggregated to amount to a major failure giving rise to a right to reject the goods. In Cary Boyd v Agrison Pty Ltd [2014] VMC 23 at [51], the Court held that: [D]espite the use of ‘a’, to suggest the singular, ‘a major failure’ might be constituted by a series of specific and i…
Haisman v Drive (Aust) Pty Ltd [2020] QCAT 44
Citation 26 (Para 6)

…individually minor defects can be aggregated to amount to a major failure giving rise to a right to reject the goods. In Cary Boyd v Agrison Pty Ltd [2014] VMC 23 at [51], the Court held that: [D]espite the use of ‘a’, to suggest the singular, ‘a major failure’ might be constituted by a series of specific and i…
Bertinat v Sam Estephan t/a Car and Commercial Sales [2020] NSWCATCD 26
Citation 27 (Para 50)

…he purposes of determining whether there is a “major failure”. As observed by the Magistrates’ Court of Victoria in Cary Boyd v Agrison Pty Ltd [2014] VMC 23 at [50], for there to be a major failure it was not necessary for the claimant to establish each of the matters set out in s 260, establishing one is suffi…
Avci v Inchurch Automotive Pty Ltd t/a Parramatta Motor Group [2019] NSWCATCD 39
Citation 28 (Para 50)

…he purposes of determining whether there is a “major failure”. As observed by the Magistrates’ Court of Victoria in Cary Boyd v Agrison Pty Ltd [2014] VMC 23 at [50], for there to be a major failure it was not necessary for the claimant to establish each of the matters set out in s 260, establishing one is suffi…
Tarbuck and Anor v Robertson and Anor (Civil Dispute) [2018] ACAT 115
Citation 29 (Para 46)

…nity to rectify.[21] [20] Saltalmacchia v Tayser Automotive Group Pty Ltd trading as Naunawading Great Wall [2014] VCAT 1463, at [59]; Boyd v Agrison [2014] VMC 23 [21] Section 267(4) of the ACL…
Nikoiee v Marshalls Sydney Pty Ltd [2018] NSWCATCD 63
Citation 30 (Para 42)

…r the purposes of determining whether there is a “major failure”, as observed by the Magistrates Court of Victoria in Cary Boyd v Agrison Pty Ltd [2014] VMC 23 at 50…
Darren Cornish v CSJ Motor Group Pty Ltd t/as Western Wholesale Commercials [2017] NSWCATCD 95
Citation 31 (Para 31)

…In Cary Boyd v Agrison Pty Ltd [2014] VMC 23 the Magistrates Court of Victoria was to consider whether a tractor was of acceptable quality and it was observed that the price of the Agrison tractor was a relevant consideration.…
Watkins v Eagers MD Pty Ltd t/as Newstead Mazda [2022] QCAT 369
Citation 32 (Para 1)

…individually minor defects can be aggregated to amount to a major failure giving rise to a right to reject the goods. In Cary Boyd v Agrison Pty Ltd [2014] VMC 23 at [51], the Court held that: [D]espite the use of ‘a’, to suggest the singular, ‘a major failure’ might be constituted by a series of specific and i…
Jenkins v Aria Motors Pty Ltd [2022] QCAT 153
Citation 33 (Para 8)

…‘a major failure’ might be constituted by a series of specific and individual defects which taken as a whole constitute one major failure. [2][2014] VMC 23 at [51].…
Laceur v Townsville Auto Group Pty Ltd & Anor [2021] QCAT 247
Citation 34 (Para 2)

…individually minor defects can be aggregated to amount to a major failure giving rise to a right to reject the goods. In Cary Boyd v Agrison Pty Ltd [2014] VMC 23 at [51], the Court held that: [D]espite the use of ‘a’, to suggest the singular, ‘a major failure’ might be constituted by a series of specific and i…
Melbourne Roma Caravans & RV's v Cunningham [2022] VSC 25
Citation 35 (Para 1)

…ccinctly set out in the following passage in Boyd v Agrison Pty Ltd ,[14] a proceeding in the Magistrates’ Court involving a defective tractor: [14][2014] VMC 23.…

Cases Cited

Statutory Material Cited

Kuhl v Zurich Financial Services Australia Ltd [2011] HCA 11
Citation 1 (Para 63)

…[7] See Kuhl v Zurich Financial Services Australia [2011] HCA 11 at [63] .…
Effem Foods Ltd v Nicholls [2004] NSWCA 332
Citation 2 (Para 1)

…t has not pleaded the statutory defence. Such a defence affects the legal burden and evidentiary onus applicable: Effem Foods limited v Nichols [2004] NSWCA 332 . In any event had it proved necessary for me to determine the question I would not be satisfied on the evidence that the defendant would have discharged t…
Jones v Dunkel [1959] HCA 9
Citation 3 (Para 1)

…I am prepared to draw an adverse inference in accordance with the principles expressed in Jones v Dunkel (1959) 101 CLR 298 that had had such evidence been adduced of the type identified it would not have assisted the defendant. Furthermore, I am satisfied that as a result of the absence of such type of evidence I am ab…
Jones v Dunkel [1959] HCA 8
Citation 4 (Para 1)

…I am prepared to draw an adverse inference in accordance with the principles expressed in Jones v Dunkel (1959) 101 CLR 298 that had had such evidence been adduced of the type identified it would not have assisted the defendant. Furthermore, I am satisfied that as a result of the absence of such type of evidence I am…
Medtel Pty Ltd v Courtney [2003] HCATrans 496
Citation 5 (Para 2)

…ased by Mr Boyd was of acceptable quality arises. This point in time is when the tractor is delivered to the plaintiff: see Medtel Pty Ltd v Courtney (2003) 198 ALR 630 . Accordingly, the defendant submits, the issues of original and primary concern to Mr Boyd at the time he purported to reject the tractor comprised…

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