Strong Movers v Dunn

The appellant, Strong Movers, sought an appeal against a decision made by the primary judge in a case involving a contract for the removal of house furniture between the appellant and the respondent. The respondent had accepted a quote provided by the appellant for the removal of her furniture, but the terms and conditions were not provided to her. During the transit, the furniture was damaged, and the respondent claimed damages under the Australian Consumer Law. The primary judge found in favour of the respondent and assessed damages against the appellant. The appellant challenged the findings of fact and the assessment of damages, arguing that the terms and conditions referenced on the website were sufficient to bind the parties, and that the assessment of damages was unreasonable.

The court had to determine whether the reference to terms and conditions on the website was sufficient to bind the parties and whether there was a breach of contract. The court also had to consider whether there was any basis to disturb the findings of fact made by the primary judge and whether the assessment of damages was reasonable.

The court held that the reference to terms and conditions on the website was not sufficient to bind the parties as the terms and conditions were not provided to the respondent at the time the contract was entered into. The court found that the appellant breached the contract by failing to provide the respondent with the terms and conditions and by causing damage to the respondent's furniture in transit. The court also found that there was no basis to disturb the findings of fact made by the primary judge and that the assessment of damages was reasonable. Therefore, the appeal was refused.