Farriss v Axford

The appellants, Mr and Mrs Farriss, appealed a decision of the District Court of New South Wales concerning injuries sustained by Mr Farriss while using an electric anchoring mechanism on a boat chartered from the respondents, Mr and Mrs Axford. Mr Farriss suffered a hand injury when it became caught in the anchoring mechanism. The appellants alleged negligence and breaches of consumer guarantees under the Australian Consumer Law.

The primary legal issues before the Court of Appeal were whether the respondents had breached their duty of care to Mr Farriss by failing to install a chain stripper or extend the spurling pipe, and whether they had failed to provide an adequate warning regarding the use of the anchoring mechanism. Additionally, the court considered whether Mr Farriss would have chartered the boat had a warning been given, and whether the services provided by the respondents were reasonably fit for the purpose of a leisure cruise, as required by consumer guarantees. The court also had to determine if the appellants could properly raise issues on appeal that had been abandoned by their counsel at the conclusion of the trial.

The Court of Appeal found that the trial judge had correctly concluded that the respondents had not breached their duty of care. The court reasoned that the existing safety features of the anchoring mechanism were adequate for its intended use, and that the absence of a chain stripper or an extended spurling pipe did not render the boat unsafe. Furthermore, the court held that no warning was necessary as the operation of the anchoring mechanism was not inherently dangerous and was within the contemplation of a reasonable charterer. The court also determined that the appellants were precluded from raising the abandoned issues on appeal. Regarding the consumer guarantees, the court found that the services were reasonably fit for the purpose of a leisure cruise.

Consequently, the appeal and cross-appeal were dismissed, and the appellants were ordered to pay the respondents' costs.