Ron and Katrina Osman t/as Hawkesbury Fishing Charters v Liverpool City Marine Centre Pty Ltd

The applicants, Ron and Katrina Osman, trading as Hawkesbury Fishing Charters, sought compensation from the respondent, Liverpool City Marine Centre Pty Ltd, for a breach of warranty and misleading and deceptive conduct. The dispute arose from the sale of an outboard motor, which the applicants claimed had been misrepresented regarding its operating hours. They also alleged that the respondent failed to honour an express warranty provided at the time of sale. The matter was heard in the Federal Circuit Court of Australia. The court was tasked with determining whether the respondent had engaged in misleading and deceptive conduct and whether it had breached an express warranty. The applicants argued that the representation concerning the hours the motor had been run was misleading and that the respondent's failure to honour the warranty constituted a breach of contract. The respondent contended that the representation was not misleading and that the warranty was not breached.

The court found that the respondent had engaged in misleading and deceptive conduct by representing that the motor had only been run for a specific number of hours, which was not accurate. The court also determined that the respondent had breached the express warranty by failing to honour it. The court assessed the measure of damages, considering the applicants' loss of enjoyment and the cost of repairing the motor. The court awarded the applicants $9,500 as damages for the breach of warranty. The respondent was ordered to pay this amount to the applicants.