SUPREME COURT OF QUEENSLAND
CITATION:
Fulcher & Ors v Knott Investments Pty Ltd & Ors [2012] QSC 232
PARTIES:
RAYMOND FULCHER AND KERYN EILEEN FULCHER (A PARTNERSHIP TRADING UNDER THE FIRM STYLE OR NAME OF RAYMOND FULCHER AND KERYN EILEEN FULCHER)
(first plaintiffs)
and
R & KE FULCHER PTY LTD (ACN 011 059 644)
(Second plaintiff)v
KNOTT INVESTMENTS PTY LTD (ACN 000 596 798)
(First defendant)
and
AROUND AUSTRALIA MOTOR HOMES PTY LTD (ACN 096 161 161) TRADING AS BRISBANE MOTOR CAMPER CENTRE
(Second defendant)
and
COAST RV PTY LTD (ACN 101 461 330) TRADING AS COAST TO COAST RV SERVICES
(Third defendant)FILE NO:
325 of 2004
DIVISION:
Trial Division
PROCEEDING:
Claim
DELIVERED ON:
22 June 2012 and 28 August 2012
DELIVERED AT:
Brisbane
HEARING DATE:
13, 14, 15, 16, 17, 20, 21, 22, 23, 28, 29 February 2012
JUDGE:
Peter Lyons J
ORDER:
[1] Order is as per appendix
CATCHWORDS:
TRADE AND COMMERCE - COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION - CONSUMER PROTECTION - CONDITIONS AND WARRANTIES IN CONSUMER TRANSACTIONS - OTHER MATTERS - where second plaintiff entered contract of sale with second defendant for the purchase of a Winnebago - where a fire occurred in the shed in which the Winnebago was parked - whether purpose of Winnebago for use as a motor home was made known to second defendant such that a condition that the Winnebago be reasonably fit for the purpose was implied in the contract of sale - whether there was an electrical fault in the Winnebago which caused the fire such that the Winnebago was not reasonably fit for the purpose of use as a motor home - whether there was an electrical fault in the Winnebago which caused the fire such that the Winnebago was not of merchantable quality
TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - GENERAL MATTERS - where second plaintiff entered contract of sale with second defendant for the purchase of a Winnebago - where the first defendant manufactured the Winnebago purchased by the second plaintiff - where the third defendant imported the air conditioning unit that was installed in the Winnebago purchased by the second plaintiff - where a fire occurred in the shed in which the Winnebago was parked - whether seller of Winnebago was negligent - whether manufacturer of Winnebago was negligent - whether the importer of the air conditioning unit was negligent
TRADE AND COMMERCE - COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION - CONSUMER PROTECTION - LIABILITY OF MANUFACTURERS OR IMPORTERS FOR DEFECTIVE GOODS - where the first defendant manufactured the Winnebago purchased by the second plaintiff - where a fire occurred in the shed in which the Winnebago was parked - whether purpose of Winnebago for use as a motor home was made known to the first defendant - whether there was an electrical fault in the Winnebago which caused the fire such that the Winnebago was not reasonably fit for the purpose of use as a motor home…
Keep reading for free
Create a free CaseChat account to read Fulcher v Knott Investments Pty Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2012] QSC 232
- Decision Date
CaseChat Overview and Summary
The court was required to determine several key legal issues, including whether the purpose of the Winnebago for use as a motor home was made known to the seller and manufacturer, and whether the Winnebago was reasonably fit for that purpose and of merchantable quality. Additionally, the court had to consider whether the seller, manufacturer, or importer was negligent in the sale or production of the Winnebago and air conditioning unit. The court also needed to assess whether the plaintiffs' claim for damages was within the statutory limitation periods under the Trade Practices Act 1974 (Cth) and whether the plaintiffs had mitigated their damages.
The court found that the purpose of the Winnebago for use as a motor home was not made known to the seller or manufacturer, and the Winnebago was not reasonably fit for that purpose or of merchantable quality due to an electrical fault. However, the court determined that the fire was not caused by a defect in the air conditioning unit. The seller was found to be negligent for failing to ensure the Winnebago was fit for the purpose and of merchantable quality. The manufacturer was also held liable for breach of implied warranties and negligence due to the design and manufacturing defects. The importer of the air conditioning unit was found not liable for any defects in the unit. The plaintiffs' claim for damages was deemed to be within the statutory limitation periods, and the plaintiffs had not unreasonably delayed in prosecuting their claim. The court awarded damages to the plaintiffs for the loss of the shed, other destroyed goods, and loss of profits from their tomato-growing business, with interest calculated appropriately.
The court ordered that the seller and manufacturer were liable for the damages awarded, and the plaintiffs were entitled to recover the full amount of damages, costs, and interest as per the appendix to the judgment.
Orders
Orders of the court
[1] Order is as per appendix
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.