Evans Deakin Pty Ltd v Sebel Furniture Ltd

Evans Deakin Pty Ltd sought a determination of whether Sebel Furniture Ltd was liable for unpaid invoices for goods sold and delivered. The case was heard in the Supreme Court of Queensland. The primary legal issue the court had to resolve was whether Sebel Furniture Ltd was liable to pay Evans Deakin Pty Ltd for goods supplied. Secondary issues involved the quantum of damages owed. The court examined whether Sebel Furniture Ltd had received the goods, if there were any defects, and if the goods were accepted and used by Sebel Furniture Ltd.

The court found that Sebel Furniture Ltd was indeed liable for the unpaid invoices. It was established that Sebel Furniture Ltd had received the goods and used them without objection. The court concluded that the goods were of satisfactory quality and that there was no breach of the implied warranties under the Australian Consumer Law. As for the quantum of damages, the court determined that Evans Deakin Pty Ltd was entitled to the outstanding amount owed for the goods. The court found that the costs incurred by the respondent in preparing the report of Andrew Murray Ross were not to be included in the costs of the respondent on the issues of quantum. The court ordered that Evans Deakin Pty Ltd pay the costs of Sebel Furniture Ltd on the basis that the applicant pay the costs of the respondent on issues of liability and 70% of the costs of the respondent on issues of quantum, excluding the costs of the preparation of the report of Andrew Murray Ross.