Kiraz v Classic Tiles Pty Ltd

In *Kiraz v Classic Tiles Pty Ltd*, the New South Wales Court of Appeal considered a dispute between Mr Kiraz, the plaintiff, and Classic Tiles Pty Ltd, the defendant. The proceedings concerned an appeal against a judgment of the District Court.

The primary legal issue before the Court of Appeal was whether the District Court judge had erred in finding that the plaintiff had failed to establish a breach of contract by the defendant. Specifically, the court had to determine if the defendant had breached its contractual obligations regarding the supply and installation of tiles.

The Court of Appeal analysed the evidence presented at trial, focusing on the terms of the contract and the conduct of the parties. It applied principles of contract law, including the implied term of reasonable care and skill in the performance of contractual obligations. The court found that the District Court judge had made an error in law by failing to properly consider the evidence in relation to the defendant's performance and the plaintiff's complaints.

The Court of Appeal allowed the appeal, set aside the judgment of the District Court, and remitted the matter back to the District Court for a new trial.