Ring Tread Systems (Australasia) Pty Ltd v Tubb

Ring Tread Systems (Australasia) Pty Ltd (the appellant) appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales. The dispute concerned the appellant's liability for injuries sustained by Mr. Tubb (the respondent) while he was working on a conveyor belt system manufactured and installed by the appellant. The respondent alleged that the conveyor belt system was defective and that this defect caused his injuries.

The primary legal issues before the Court of Appeal were whether the conveyor belt system was defective within the meaning of the Trade Practices Act 1974 (Cth) (the Act) and, if so, whether the appellant had contravened the Act by supplying a defective product. The court also considered whether the appellant had breached an implied warranty of merchantable quality under the Sale of Goods Act 1923 (NSW).

The Court of Appeal found that the conveyor belt system was not defective. It reasoned that the system was designed and manufactured in accordance with the specifications provided by the respondent's employer and that the accident occurred due to the manner in which the system was operated and maintained, rather than any inherent defect in its design or manufacture. The court applied the principles of product liability under the Act, focusing on whether the product itself was unsafe or unfit for its intended purpose. It concluded that the evidence did not establish a defect in the product as supplied by the appellant.

The appeal was dismissed.