Kable v Bozelle, Michael Keith T/A Matilda Greenbank

In the Federal Circuit Court, Kable sued Bozelle and Matilda Greenbank over a dispute arising from a contract. The plaintiff claimed damages for breach of contract and misrepresentation. The defendants denied liability. The matter was heard before Commissioner Simpson, who made an ex tempore decision in favour of the plaintiff on 11 March 2015. The defendants sought leave to appeal the decision.

The central issue before the court was whether the Commissioner erred in his findings of fact and conclusions of law. The defendants argued that the Commissioner did not properly consider the evidence and misapplied the law. They contended that the contract was not binding, and that any misrepresentations made were not material. The plaintiff, on the other hand, submitted that the Commissioner correctly found that the contract was valid and that the defendants breached it by failing to deliver goods as agreed. The plaintiff also argued that the defendants made misleading representations about the quality of the goods.

The court considered the arguments of both parties and reviewed the evidence and the Commissioner's reasons. The court found that the Commissioner did not err in his findings of fact or conclusions of law. The court held that the contract was valid and that the defendants breached it by failing to deliver goods as agreed. The court also found that the defendants made misleading representations about the quality of the goods, which were material to the plaintiff's decision to enter into the contract. The court rejected the defendants' arguments and dismissed the appeal.

The court made no orders as to costs.