Medical Device Technologies Pty Ltd v Health Administration Corporation

Medical Device Technologies Pty Ltd (the appellant) appealed to the Court of Appeal of New South Wales against a decision of the primary judge concerning a contract for the supply of respiratory ventilators to the Health Administration Corporation (the respondent). The dispute centred on whether the ventilators supplied were fit for purpose and whether the appellant had engaged in misleading or deceptive conduct.

The Court of Appeal was required to determine whether the respondent's standard terms and conditions were incorporated into the contract by reference. It also had to consider whether the appellant had made known the particular purpose for which the ventilators were required, and if so, whether there was an implied condition that the ventilators would be fit for that purpose under consumer law. Furthermore, the court had to assess whether the appellant had made misleading or deceptive representations, and whether it had acted as an intermediary or principal in providing the user manual to the respondent.

The Court of Appeal upheld the primary judge's findings. It reasoned that the respondent's standard terms and conditions had been effectively incorporated by reference into the contract. The court found that the respondent had made known the particular purpose for which the ventilators were required, and that the ventilators supplied were not fit for that purpose, thereby breaching an implied condition of fitness for purpose under consumer law. The court also concluded that the appellant had engaged in misleading or deceptive conduct by representing the ventilators as suitable for use in any clinical setting when they were not.

The appeal was dismissed, and the appellant was ordered to pay the respondent's costs.