Motor Yacht Sales Australia Pty Ltd t/as the Boutique Boat Company v Cheng (No 2)

The case before the court involved Motor Yacht Sales Australia Pty Ltd, trading as the Boutique Boat Company, and Cheng. The dispute centred on the sale of a motor yacht, with the plaintiff alleging that the defendant had breached contractual terms relating to the sale. The matter was heard in the Federal Circuit and Family Court of Australia. The court was tasked with determining whether the defendant had indeed breached the contract and, if so, what remedies were appropriate.

The primary legal issues before the court were whether the defendant had failed to perform contractual obligations and whether the plaintiff was entitled to relief under the Australian Consumer Law. The court had to consider the terms of the contract, the nature of the alleged breach, and the remedies available under the law. The court also needed to determine whether the plaintiff's application to amend and vary the judgment was appropriate under the slip rule.

In delivering the judgment, the court found that the defendant had indeed breached the contract. The court held that the plaintiff was entitled to damages for the breach. The court also found that the plaintiff's application to amend and vary the judgment was appropriate. The court exercised its discretion under the slip rule to correct the judgment to accurately reflect the terms of the contract and the applicable law. The court ordered that the judgment be amended to reflect the correct amount of damages and to clarify the terms of the contract.