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McNally v Central Coast Automotive Pty Ltd t/as Gosford Nissan
[2025] NSWCATCD 111
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…
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Mitchell v Norris Enterprises Pty Ltd
[2025] QCAT 310
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].…
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Stevens v James Frizelles Automatic Group Pty Ltd t/as Sunshine Kia
[2025] QCAT 196
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 ”.…
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Mckennariey v A.P. Ford Pty Ltd t/as Metro Ford Brisbane
[2025] QCAT 211
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…
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Green v Hitch Campers Pty Ltd
[2024] QCAT 263
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].…
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Thompson v Apollo Investments Pty Ltd t/as Kratzmann Caravans
[2024] QCAT 254
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].…
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Hawkins v Trivett Automotive Retail Pty Ltd
[2024] QCAT 253
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…
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Allen v New Centenary Pty Ltd t/a Mercedes-Benz Macgregor
[2024] QCAT 252
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…
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Beynon v Sands Family Trust t/a Fair Deal Car Sales
[2024] QCAT 102
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…
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Remonde v Jaguar Land Rover Australia Pty Ltd
[2024] QCAT 24
…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…
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Hanif v Car Mart Direct Pty Ltd
[2023] NSWCATCD 187
…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…
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Hinterland Express Pty Ltd v Inchcape European Automotive Pty Ltd
[2023] QCATA 130
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…
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Cummings v Aluma Trailers Pty Ltd
[2023] NSWCATCD 91
…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…
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S & S Professionals Pty Ltd as trustee of the Aana Aahana Family Trust v Blue Ribbon Motors (Ipswich) Pty Ltd
[2023] QCATA 73
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…
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Parkinson v Hutchin
[2023] NSWCATCD 17
…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…
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Watkins v Eagers MD Pty Ltd t/as Newstead Mazda
[2022] QCAT 369
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…
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Hutchinson v Central Coast Automotive Pty Ltd
[2022] NSWCATCD 123
…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…
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Howarth & Anor v Biscamoss Pty Ltd
[2022] QCATA 72
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…
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Jenkins v Aria Motors Pty Ltd
[2022] QCAT 153
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].…
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Melbourne Roma Caravans & RV's v Cunningham
[2022] VSC 25
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.…
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Nicol v Suzuki Australia Pty Ltd
[2021] NSWCATCD 110
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…
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Laceur v Townsville Auto Group Pty Ltd & Anor
[2021] QCAT 247
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…
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Crawford v Sunco Motors Pty Ltd
[2021] QCAT 183
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…
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Sullivan v James Frizelle's Automotive Group Pty Ltd
[2021] QCAT 49
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…
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Moss v Reece Rosvall trading as Preferred Autos
[2020] QCAT 384
…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…
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Nuth v Soel Products Australia Pty Ltd trading as Caravan RV CQ
[2020] QCAT 369
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…
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Foley v Westco Cairns Pty Ltd
[2020] QCAT 345
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…
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Kablar Financial Services Pty Ltd v LSH Auto (Brisbane) Pty Ltd trading as Mercedes-Benz Brisbane
[2020] QCAT 346
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…
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ACH Computing Pty Ltd v Austral Pty Ltd trading as Brisbane City Jaguar Land Rover
[2020] QCAT 176
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…
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Haisman v Drive (Aust) Pty Ltd
[2020] QCAT 44
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…
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Bertinat v Sam Estephan t/a Car and Commercial Sales
[2020] NSWCATCD 26
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…
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Avci v Inchurch Automotive Pty Ltd t/a Parramatta Motor Group
[2019] NSWCATCD 39
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…
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Tarbuck and Anor v Robertson and Anor (Civil Dispute)
[2018] ACAT 115
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…
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Nikoiee v Marshalls Sydney Pty Ltd
[2018] NSWCATCD 63
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…
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Darren Cornish v CSJ Motor Group Pty Ltd t/as Western Wholesale Commercials
[2017] NSWCATCD 95
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.…