| SUPREME COURT OF VICTORIA | |
| COMMON LAW DIVISION | Not Restricted |
No. 7810 of 1996
| HARDCHROME ENGINEERING PTY LTD (ACN 005 291 083) | Plaintiff |
| v | |
| KAMBROOK DISTRIBUTING PTY LTD AND JULIAS INVESTMENTS PTY LTD v | Defendant No. 4599 of 1998 Plaintiff |
| KAMBROOK DISTRIBUTING PTY LTD (in liquidation) (ACN 005 307 282) and HARDCHROME ENGINEERING PTY LTD (ACN 005 291 083) | Defendants |
---
JUDGE: | Gillard J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 2-4, 8-11, 14-18, 21-25, and 28-30 August 2000 | |
DATE OF JUDGMENT: | 13 September 2000 | |
CASE MAY BE CITED AS: | Hardchrome Engineering Pty Ltd v Kambrook Distributing Pty Ltd | |
MEDIUM NEUTRAL CITATION: | [2000] VSC 359 | |
---
Sale of goods – terms of contract – condition of merchantability – alleged defect in electrical appliance – fire – defect in fryer caused fire – negligence in selling defective product – contributory negligence by consumer – landlord and tenant – breach of lease by tenant – negligence by vendor of fryer causing damage to landlord.
No. 7810 of 1996
APPEARANCES: | Counsel | Solicitors |
For the Plaintiff | Mr W. Lally QC with Mr M. Thompson | Anderson Rice |
| For the Defendant | Mr C. Gunst QC with Mr P. Cawthorn | Ligeti Partners |
No. 4599 of 1998
APPEARANCES: | Counsel | Solicitors |
For the Plaintiff | Mr M. Wheelahan | Minter Ellison |
| For the 1st Defendant | Mr C. Gunst QC with Mr P. Cawthorn | Ligeti Partners |
| For the 2nd Defendant | Mr W. Lally QC with Mr M. Thompson | Anderson Rice |
HIS HONOUR:
There are two proceedings before the court. In the first proceeding, No. 7810/96 the plaintiff seeks damages from the defendant for breach of contract and negligence arising out of the sale of an alleged defective electrical appliance which allegedly caused the fire to premises occupied by the plaintiff.
In the second proceeding the plaintiff who was the landlord of the said premises seeks damages from its tenant (the plaintiff in the first proceeding) for breach of a lease, and also the defendant in the first proceeding for negligent supply of a defective product which caused the fire.
Parties
The plaintiff in the first proceeding, Hardchrome Engineering Pty Ltd ("Hardchrome") had for some years prior to 1990 been engaged in the business of advanced surface engineering, that is, applying coating processes, mainly chrome, to a variety of surfaces.
In 1990 it added to its business a Techvac titanium nitride coating process. This process applied ultra-hard gold coloured coatings to moulding, pressing and dye‑cast tools, cutting tools and many other specialised engineering applications where component wear is a problem. The object is to apply titanium nitride to cutting edges for high wear resistance.
In 1990 it occupied premises situated at 5-9 Normanby Road, Notting Hill ("the premises). Part of the premises comprised a factory area called Factory 1 ("factory") where the titanium nitride coating process was carried out in a purpose built room.
The defendant in the first proceeding, Kambrook Distributing Pty Ltd (in liquidation) ("Kambrook") in the period 1990-1992 supplied and…
Keep reading for free
Create a free CaseChat account to read Hardchrome Engineering Pty Ltd v Kambrook Distributing Pty L... 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
- [2000] VSC 359
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the defect in the fryer constituted a breach of the condition of merchantability and whether the defect was caused by the defendant's negligence. Additionally, the court had to consider the defendant's defence of contributory negligence by the plaintiff and assess the extent to which the plaintiff's actions contributed to the fire. The court also had to determine the extent of the damages caused by the fire and the liability of each party in relation to the damages.
The court found that the fryer was defective and that the defect was caused by the defendant's negligence. The court held that the defendant breached the condition of merchantability by selling a defective product. The court also found that the plaintiff was contributory negligent, as the plaintiff failed to take reasonable steps to prevent the fire from spreading. However, the court held that the defendant was primarily liable for the damages caused by the fire. The court awarded the plaintiff damages for the loss of use of the premises and the damage to the plaintiff's business. The court also held that the landlord was entitled to recover damages for the damage to the premises from both the defendant and the plaintiff, in proportion to their respective liabilities.
The court ordered the defendant to pay the plaintiff damages for the loss of use of the premises and the damage to the plaintiff's business. The court also ordered the defendant to pay the landlord damages for the damage to the premises, with the landlord entitled to recover a portion of those damages from the plaintiff. The court held that the plaintiff's contributory negligence reduced the amount of damages recoverable from the defendant, but did not affect the defendant's primary liability for the damages. The court's decision emphasised the importance of ensuring that products sold are of satisfactory quality and free from defects, and the need for both vendors and consumers to take reasonable steps to prevent accidents and minimise damages.
Orders
Orders of the court
Full text does not contain this section.
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.