Dunbrae Pty Ltd v Armani Restaurant Pty Ltd (No. 2)

Dunbrae Pty Ltd, the plaintiff, brought an action against Armani Restaurant Pty Ltd, the defendant, seeking damages for alleged breaches of contract, failure to provide goods of acceptable quality under the Australian Consumer Law (ACL), and misrepresentation. The dispute arose from a contract for the construction and supply of a kitchen for a restaurant in Adelaide. The case was heard in the Supreme Court of South Australia.

The court was required to decide whether the handwritten amendments to the contract were binding and the extent to which they modified the original terms. Additionally, the court had to determine if the plaintiff was entitled to damages for breach of warranty, failure to provide goods of acceptable quality, and misrepresentation. The court also had to assess whether expert evidence was necessary to establish the required damages.

The court found that the handwritten amendments did not have the "greater effect" required to override the typed terms of the contract. It was held that the original terms remained binding. The court further found that the plaintiff failed to establish a breach of warranty and that the goods supplied were of acceptable quality. Regarding misrepresentation, the court found that the plaintiff did not provide sufficient evidence to establish the claim. The court held that expert evidence was necessary to quantify the damages for the alleged breaches, but such evidence was not provided. Consequently, the court ruled in favour of the defendant and dismissed the plaintiff's claims.

The court ordered judgment in favour of the defendant for the sum of $2,097.20, representing costs incurred by the defendant in defending the action. The parties had agreed to reserve costs, and thus, no further orders regarding costs were made.